Safeguarding Vulnerable People in Domiciliary Support from Financial Abuse (Wales) Policy

Policy Statement

This policy sets out the values, principles and procedures underpinning this domiciliary support service’s approach to all aspects of the handling of the money and finances of the people who use the service, including where it needs to investigate and deal with suspected financial irregularities and possible abuse. It is in line with the requirements of Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, and the safeguarding policies and strategies that have developed under the Social Services and Well-being (Wales) Act 2014.

The policy aim is to safeguard the financial interests of the people using the service by taking all reasonable measures to prevent possible abuse and by dealing with it promptly and correctly if it occurs or there are suspicions of it occurring. Any suspicion or evidence that a person using the service has been or is being subject to financial abuse will be dealt with in line with {{org_field_name}}’s safeguarding policy and procedures to refer matters to the local adults safeguarding team and in some cases to the police. (See Safeguarding People Using a Care Service from Abuse or Harm Overarching (Wales) Policy.)

{{org_field_name}} recognises that people using the service should retain their financial independence. It will take all possible steps to protect people using the service from abuse, neglect and self-harm, which includes protection of their money and financial arrangements.

People using the service have a right to expect that it will be run on an honest and sound financial basis with robust procedures for dealing with and protecting the financial interests of people using the service. It is committed to the highest standards of moral and ethical behaviour. All employees are expected to report known or suspected financial irregularities.

{{org_field_name}} considers that financial or material abuse/harm could involve the stealing of money or possessions, fraud, interfering with financial documents, holding back or confiscating allowances and bringing pressure to bear over financial agreements or inheritance.

As protection from possible financial abuse, {{org_field_name}} will not allow its staff to:

benefit financially from a person receiving care
be involved in writing the wills of people using the service or the making of bequests
use the property of people receiving care for personal use
borrow money from, or lend money to, people receiving care
sell or dispose of goods belonging to people who use services for their own gain.

To ensure financial probity, {{org_field_name}} maintains robust accounting and financial procedures. It complies with the Data Protection Act 2018 and GDPR where people’s financial information is held on a computer or database.

Supporting People Using the Service to Look After Their Money

{{org_field_name}} recognises it has a duty to keep the financial affairs of the people using the service safe from abuse and exploitation. Any help it provides people with their money is based on a sound, open, honest and transparent basis, and it always aims to achieve the highest standards of probity.

{{org_field_name}} recognises that people using the service using will retain control of their own money and will only turn to care service staff for help in exceptional circumstances. {{org_field_name}} sees this as people using the service using the services’ right and means of retaining their independence and ability to choose how they live their lives.

{{org_field_name}} also accepts that some of its people using the service might ask care service staff from time to time to handle money on their behalf, particularly if they are physically unable to make any financial transactions themselves, eg when shopping or withdrawing money.

It also accepts that some people using the service might lack the mental capacity to manage their own money and require some help from care staff with their financial arrangements. These situations could place people at risk from abuse and exploitation from dishonest employees. They also make honest staff vulnerable to misunderstandings and possibly false allegations of misuse, which threaten their sense of probity and integrity.

Standards Expected of Care Staff

This domiciliary support service expects its staff to:

always act with the highest standards of care, probity and honesty
respect people using the service to spend their own money in the way that they wish to spend it and to keep their own financial affairs private
uphold people’s right to confidentiality regarding their financial information
only ever spend a person’s money according to their explicit instructions
never use credit/debit cards belonging to the people using the service and never accept or try to find out their PIN numbers (unless their use has been agreed and authorised under the care plan, and subject to strict monitoring and accountability)
avoid giving people using the service financial advice or information other than that which is reasonably required as part of fulfilling their duty of care as set out in the plan of care
declare any financial or business arrangements they have that might cause a conflict with or compromise their ability to handle the money of the people using the service honestly and impartially
report to their line manager any discrepancies or problems relating to the handling of a person’s money or finances immediately, including worries or concerns that a person could be cheated or defrauded by a third party or has otherwise lost or mislaid money or valuables.

Procedures to be Followed in Supporting People Using the Service to Look after their Money

To ensure that any financial transactions involving care service staff are completely above board and transparent, the following procedures apply.

Care service managers are responsible for putting safeguards in place to protect the financial interests of the people using the service.
{{org_field_name}} expects its staff to work on the basis that people using the service retain effective control of their own money in all cases except where it is explicitly stated in the care plan that they require help.
The wishes and mental capacities of the people using the service to manage their money and finances form part of their initial needs assessment.
Any concerns that render the people using the service vulnerable to abuse and exploitation, and that might incriminate care service staff or make them vulnerable, for example, to false allegations are fully discussed with the parties involved.
The outcomes of the discussions are recorded on the care plan. This will describe any help to be provided by care staff and any safeguards that need to be put into place to protect both people using the service and care staff. These arrangements are regularly reviewed and the arrangements reassessed if the circumstances or needs have changed.
Where, from any reassessment, people using the service appear to need new or additional help from care staff, the service will maintain transparency by discussing all relevant issues with the parties involved, by recording the outcomes and any revisions to the care plan.
{{org_field_name}} requires staff who do handle people money or help with any financial transactions, to check that they have been given receipts and any other written records of the transactions. If necessary, staff should seek duplicates (one to be retained by the person and one by the staff member).
These procedures apply to all instances where care staff are involved in handling people’s money or expenditure, for example, during accompanied shopping, unaccompanied shopping, collecting pensions or paying bills.
In all circumstances, care staff are expected to record the amount and purpose of the financial transactions undertaken on behalf of the people using the service on the visit record held in the person’s home. The record should be signed and dated by the care worker and checked with person, if able to do so, or their relative or representative on their behalf as appropriate.
{{org_field_name}} asks all people using the service using the service and their representatives to keep money and valuables in a secure place and not to leave money or valuables lying about when its staff visit the home.

Assessment of People’s Capacity to Take Decisions About the Handling of Their Money

{{org_field_name}} has considered the implications of the Mental Capacity Act 2005 in respect of any of the people using the service who might lack capacity to take decisions over their financial transactions and affairs.

There are occasions when a care worker and others could be involved with a person whose capacity is in doubt over a financial decision. For example, the person might ask the worker to help withdraw a large amount of money from their account and to spend it on some item that seems to be unsuitable. Care workers must be very careful how they respond. They should always report the issue and seek management advice on how to proceed.

Some people might already have handed over powers of attorney to others to act on their behalf and to manage their financial affairs. Other people whose capacity can be questioned might still retain control over their financial transactions. They might then seek to involve their care and support staff in the taking of the decisions as well. It is this second group who present particular issues for {{org_field_name}} and its staff.

Other people such as family members also might or might not be involved in the decision-taking so care staff will have to work out their position in relation to them too.

The principles of the Mental Capacity Act governing {{org_field_name}}’s approach to assessing people ‘s capacity to manage their own money are as follows.

Individuals must be assumed to have capacity (to take their own financial decisions) unless it is established that they lack capacity.
Individuals are not to be treated as unable to take a decision unless all practicable steps have been taken without success to help them take the decision.
Individuals must not be treated as unable to take a decision just because they might or have been known to make an unwise decision in the past.
When people take a decision on behalf of someone else who lacks capacity they must act in that people using the service’s best interests.
If anyone takes a decision on behalf of someone lacking capacity at the time, they must act so as to minimise any restriction to that people using the service’s rights and freedom of action.

Actions

{{org_field_name}} considers the potential role and responsibilities of {{org_field_name}}’s workers in supporting people to look after their money.
It ensures that any conflicts of interest over the decision are fully recorded and discussed, and {{org_field_name}}’s position is always made clear. Such issues might need to be discussed at a meeting in which the user’s views must always be considered (using an advocate if needed).
{{org_field_name}} will seek to assess a person’s capacity to take a financial decision in line with the Code of Practice issued with the Mental Capacity Act 2005 so that their best interests are fully considered.
It will then develop a plan with the person or as based on a best interests decision on the support needed and to be agreed. The plan should offer as much independence and choice as the people using the service is able to make. {{org_field_name}} will follow the agreed decision-maker’s instructions and discharge any agreed plan to the best of its ability as long as the decision is in the people using the service’s best interests.
In acting thus, {{org_field_name}} will act fully in line with the Mental Capacity Act 2005 which states that individuals must be regarded as capable to take a decision unless it is proved otherwise.
Care staff are expected to put safeguards in place to protect the financial interests of the people using the service, particularly in respect of any who has been assessed as lacking capacity under the Mental Capacity Act 2005.
{{org_field_name}} securely keeps written records of all financial transactions in which staff have some part to play. Even if the worker is only indirectly involved, eg in acting as an escort, it insists that the situation is fully recorded. It also requires appropriate records and receipts to be kept whenever staff spend any money on behalf of a person using the service who might lack the capacity to take the relevant decisions.
The service offers people using the service who have difficulties with their finances or with money, whether they have capacity or not, support and help to look after their money as effectively as possible and in their best interests.
Any such help offered (eg accompanied shopping) is recorded and exact details of all money spent placed on record.

Gifts and Legacies

It is not uncommon for people using a care service who have developed sometimes long and close relationships with individual staff to offer gifts or gratuities or to seek to include a member of staff in their will. However, such activities can lead to accusations of coercion, exploitation and fraud.

It is vitally important to {{org_field_name}} that its staff at all times uphold the highest standards and always act in an honest manner with the best interests of people using the service in mind. Therefore, in {{org_field_name}}:

staff should never accept gifts, which should be treated as tokens of appreciation rather than financial rewards, if the value of the gift is thought to be more than £5
staff should never, under any circumstances, accept valuables belonging to a people using the service or monetary gifts
a staff member should declare any gift given as soon as is reasonably practicable and have the details recorded in a gifts record; to include the date that the gift was given, its monetary value and signature of the recipient
staff should never become involved with the making of people’s wills or with soliciting any form of bequest or legacy. They should never agree to act as a witness or executor of someone’s will or to become involved in any way with any other legal document.
if someone does need help with making a will or requests help from staff then they should be referred to an impartial or independent source of legal advice such as the local citizens advice bureau or local law society, which will hold lists of local solicitors
any failure by a staff member to declare a gift, involvement in a will, or attempting to solicit money are all disciplinary offence subject to {{org_field_name}}’s disciplinary procedures.

Investigation of Allegations of Financial Irregularities

{{org_field_name}} will enquire into any indications or suspicions that people receiving care might be subject to financial abuse and exploitation. As soon as it has direct evidence, it will immediately raise a safeguarding alert or in a serious case refer the matter to the police.
Care staff inevitably work with vulnerable people where trust is of fundamental importance to the relationship. {{org_field_name}} views any potential breach of that trust as a very serious matter and investigates thoroughly any allegations or complaints relating to financial irregularities, the mishandling of people’s money or financial affairs, dishonesty, theft or fraud.
{{org_field_name}} considers all substantiated cases of dishonesty, theft or fraud as gross misconduct and the staff members involved will be subject to summary dismissal and possibly criminal proceedings.
Staff are clearly informed that they could be subject to disciplinary procedure or even criminal investigations if they fail in their duty to be open and honest at all times in their involvement with the financial arrangements and transactions of the people using the service.
If found guilty of misconduct in relation to these, they could be placed on one or both of the Disclosure and Barring Service’s lists, which would bar them from working in a care role again. Other professional staff who have been found guilty of financial misconduct will similarly be reported to their relevant professional bodies such as the Nursing and Midwifery Council (NMC) or, where registered with, Social Care Wales.

Training

{{org_field_name}} requires new staff to read and understand the policies on handling people using the service using the services’ money and on gifts and legacies as part of their induction process. They are expected to know the signs of financial abuse and how to report them as part of their general safeguarding training.

Established staff are provided with regular training updates, which could reflect local Safeguarding Adults’ Boards requirements.

It is extremely important for {{org_field_name}}’s management to impress upon staff through training and supervision the importance of maintaining high standards in dealing with people using the service using the services’ money as a key part of {{org_field_name}}’s overall safeguarding strategy.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next Review Date: {{next_review_date}}

DW203. Safeguarding Vulnerable People in Domiciliary Support from Financial Abuse