Power of Access

What social workers think

Mark Ivory, Head of Policy and Communications, The College of

Social Work

Our stance on power of access• Vulnerable adult effectively imprisoned• Professionals denied access• Currently no legal means of access• Power of access needed for confidential interview• This should be granted where: - a third party is refusing access - a qualified practitioner has a ‘reasonable suspicion’ of abuse - ‘reasonable suspicion’ is tested by application to a court

Results from College surveyHeadline figures

•81% agreed with proposal that there should be a new power of entry to enable the local authority to speak to someone with mental capacity who they think could be at risk of abuse and

neglect, if a third party prevents them from doing so.

•46% would have used such a power 1 to 5 times in the last 3 years. 46% would never have used the power. 8% would have

used it over 5 times.

Results from College surveyHeadline figures

•91% agreed that the application for, and the execution of a warrant granting power of entry and subsequent assessment should only be undertaken by a suitably experienced, trained and qualified social worker

•70% agreed that such a social worker be approved and reapproved in a similar way to Approved Mental Health Professionals (under the Mental Health Acts) or Best Interests Assessors (under the Mental Capacity Act 2005).

•68% agreed that the ‘approved’ social worker should make decisions as an 'independent' practitioner’ (i.e. they couldn't be instructed to make an application to the courts; they would only do so if they felt the legal criteria were met).

What social workers saidHow a power of access might be used: •‘When no agency can get access to an adult to see them on their own/away from person who may be abusing them where there are reasonable grounds to believe the person maybe being abused’

•‘Where safeguarding concerns are raised and there is a need to speak to the person alleged to have been harmed in private to assess the situation, their capacity and obtain their wishes and feelings.’

• ‘I would expect it only to be used rarely and in quite extreme circumstances as I would hope that, generally, social workers would be able to negotiate their way into talking to someone on their own.’

Examples social workers gave• Women without ability to mobilise kept in upstairs flat by husband.

• Older man not "allowed" to see workers without his daughter - she was subsequently convicted of his manslaughter.

• An adult male with moderate learning disabilities was allegedly being abused by family in his home… Family would not let me see him on his own, claiming he was afraid of social workers, when actually he was afraid of them. Family made threats towards me.

• Her son was stealing from her and prevented her from meeting with workers alone with the use of threats and intimidation – [then the] son was involved in an accident which was how services gained access and discovered the true circumstances.