Introduction

Minds Matter Clinic Ltd (Minds Matter Clinic) is committed to ensuring that all interactions with patients are safe. This policy sets out how we will work with patients, their families and external agencies to ensure that patients (vulnerable adults and children) are safeguarded while accessing our services.

Safeguarding is the term used to cover all aspects of promoting a child’s/adult’s welfare, such as protecting a person from maltreatment, aiding their development, keeping them safe and ensuring they have the best outcome in life.

Child/adult at risk protection is the single aspect of safeguarding that is focused on protecting an individual who is suffering from, or has the potential to suffer from, significant harm. Significant harm can include maltreatment, abuse and neglect, premeditated abuse, a single traumatic event or an accumulation of events that damage the individual’s physical and/or psychological development.

This policy is informed by and operates in accordance with the Children Act 1989, Children Act 2004, and the statutory guidance Working Together to Safeguard Children (2023). Minds Matter Clinic recognises its responsibility to work in partnership with statutory agencies to safeguard and promote the welfare of children.

Regulatory Alignment (CQC Regulation 13)

This policy supports compliance with Care Quality Commission (CQC) Regulation 13: Safeguarding service users from abuse and improper treatment. MMC operates a zero-tolerance approach to abuse and improper treatment and maintains systems to prevent abuse, recognise risks early, respond appropriately, and learn from incidents to improve safety and quality.

Scope

This policy applies to all operational, clinical and therapeutic undertakings by Minds Matter Clinic, including any digital or remote service delivery (e.g. video consultations, online assessments and remote therapeutic support).

Incidents of abuse

Incidents of abuse may be one off or multiple and affect one person or more. Professionals and others should look beyond single incidents and or individuals to identify patterns of harm.

Repeated instances of poor care may be an indication of a more serious problem and of what we now describe as organisational abuse; in order to see patterns it is important that information is recorded and appropriately shared.

Definition of Abuse

Abuse is a selfish act of oppression and injustice, exploitation and manipulation of power by those in a position of authority. This can be caused by those inflicting harm or those who fail to act to prevent harm. Abuse is not restricted to any socio-economic group, gender or culture.

The Care Act 2014 lists 10 types of abuse, as follows:

Discriminatory Abuse

Including forms of harassment, bullying, slurs, isolation, neglect, denial of access to services or similar treatment; because of race, gender and gender identity, age, disability, religion or because someone is lesbian, gay, bisexual or transgender. This includes racism, sexism, ageism, homophobia or any other form of hate incident or crime.

Domestic Abuse

Including an incident or a pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse, by someone who is, or has been, an intimate partner or family member regardless of gender or sexual orientation. This includes psychological/emotional, physical, sexual, financial abuse; so called ‘honour’ based violence, forced marriage or Female Genital Mutilation (FGM).

Financial or Material Abuse

Including theft, fraud, internet scamming, exploitation, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

Modern slavery

Encompasses slavery, human trafficking, forced labour and domestic servitude. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.

Neglect and acts of omission

Including ignoring medical, emotional or physical care needs, failure to access appropriate health, care and support or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.

Organisational

Including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in a person’s own home. This may range from one off incidents to on-going ill treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.

Physical Abuse

Including assault, hitting, slapping, pushing, burning, misuse of medication, restraint or inappropriate physical sanctions.

Psychological (sometimes referred to as emotional) Abuse

Including threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, cyber-bullying, isolation or unreasonable and unjustified withdrawal of services or support networks.

Sexual Abuse

Including rape, indecent exposure, sexual assault, sexual acts, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts to which the adult has not consented or was pressured into consenting. It also includes sexual exploitation which is exploitative situations, contexts and relationships where the person receives “something” (e.g. food, accommodation, drugs, alcohol, mobile phones, cigarettes, gifts, money) or perceived friendship/relationship as a result of them performing, and/or another or others performing sexual acts.

Self-neglect

Where the individual has care and support needs and is experiencing or is at risk of abuse or neglect and is unable to protect themselves. Self-neglect can include lack of care for personal hygiene, health or surroundings; or an inability to provide essential food, clothing, shelter or medical care necessary to maintain their physical and mental health, emotional wellbeing and general safety. It includes behaviour such as hoarding.

Definition of a child

A child is under the age of 18 (as defined in the United Nations convention on the Rights of a Child). In line with the Care Act 2014, the term ‘adult at risk’ is used to describe an adult who has needs for care and/or support, is experiencing or is at risk of abuse or neglect, and because of those needs is unable to protect themselves. The term ‘vulnerable adult’ may appear in legacy wording but should be interpreted as ‘adult at risk’.

Principles of Safeguarding

The Care Act, 2014 identifies Principles of Safeguarding. These principles are intended to form a core set of standards for anyone who has a responsibility for safeguarding adults at risk. The principles aim to highlight every individual’s wants and needs as a human being and should underpin all work with individuals at risk. The principles are:

• Empowerment – presumption of a person led discussion and Consent
• Protection – support and representation for those in the greatest need
• Prevention – it is better to take action before harm occurs
• Proportionality – the least intrusive response appropriate to the risk presented
• Partnership – local solutions through services working in their communities
• Accountability – accountability and transparency in delivering safeguarding

Responsibilities

All staff

All staff (employed or subcontracted) have responsibility to follow the guidance laid out in this policy and related policies, and to pass on any welfare concerns using the required procedures. We expect all staff to promote good practice by being an excellent role model, contribute to discussions about safeguarding and to positively involve people in developing safe practices.

Directors

Directors have responsibility to ensure that the policy is in place and appropriate.

Visits by VIPs, Celebrities and Third Parties

All Minds Matter Clinic staff will be made aware of the importance of formally agreeing to and managing visits by VIPs, celebrities and other third parties in terms of allowing their access to patients and patient records. Where there maybe access to patients and patient records, all, VIP, celebrity or other third-party visits must be approved by a Director and a plan agreed to ensure any visitor is accompanied throughout any visit, and only has access to patients where this is appropriate, relevant and with their consent.

Minds Matter Clinic will take into consideration the risks of associating its brand and reputation as a result of association with VIPs, celebrities and major donors.

Mental Capacity Act and Liberty Protection Safeguards (LPS) (including DoLS transitional arrangements)

The Mental Capacity Act 2005 (MCA) provides a statutory framework to empower and protect vulnerable people who are unable to make their own decisions. It is essential that all staff work in accordance with the MCA and in conjunction the Mental Capacity Policy and the MCA Code of Practice.

An adult must be assumed to have capacity to make their own decisions, and have been given all practical support before they can be assessed as lacking capacity. Capacity assessments must always be time and decision specific.

If an adult has been assessed to lack capacity then staff must follow the key principles of the MCA and ensure that any decisions made on behalf of an adult have been made in best interest and least restrictive. All capacity assessments and best-interest decisions must be documented in the clinical record.

Safeguarding adults procedures do not replace the MCA. If an adult is part of a safeguarding procedure and lacks mental capacity it is important that any decisions relating to the protection plan for an adult at risk are made in line with the MCA.

The MCA created the criminal offences of ill-treatment and wilful neglect in respect of people who lack the ability to make decisions. The offences can be committed by anyone responsible for that adult’s care and support e.g. paid staff; family carers, people who have the legal authority to act on that adult’s behalf i.e. persons with power of attorney or Court-appointed deputies.

Liberty Protection Safeguards (LPS) are intended to replace Deprivation of Liberty Safeguards (DoLS). At the time of this policy, national implementation of LPS remains subject to transitional arrangements. Minds Matter Clinic will continue to comply with DoLS where applicable and will update practice in line with national commencement of LPS and any subsequent statutory guidance.

The MCA 2005 Key Principles

• A presumption of capacity – every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise
• Support individuals to make their own decisions – people must be given all appropriate help before anyone concludes that they cannot make their own decisions.
• Right to make an unwise decision – People have the right to make what others might regard as an unwise or eccentric decision. Everyone has their own values, beliefs and preferences which may not be the same as those of other people. You cannot treat them as lacking capacity for that reason.
• Best interest – anything done for or on behalf of people without capacity must be in their best interests
• Least restrictive option – anything done for or on behalf of people without capacity should be the least restrictive

Liberty Protection Safeguards (LPS) will replace DoLS. While national implementation is subject to transitional arrangements, MMC recognises that service users may be subject to legal safeguards relating to deprivation of liberty and staff must escalate any concerns to the Safeguarding Lead. Where DoLS applies in legacy settings, MMC staff may need to communicate with relevant decision-makers and statutory bodies.

Reporting Procedures

Identified safeguarding issue

Information sharing in safeguarding cases will be carried out in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where there is a safeguarding concern, information may be shared without consent if this is necessary to protect a child or adult at risk, prevent serious harm, or support a statutory safeguarding enquiry. Decisions to share or withhold information will be proportionate, recorded, and justified.

The first priority should always be to ensure the safety and protection of children/ adult at risk. To this end it is the responsibility of all staff to act on any suspicion or evidence of abuse or neglect and to pass on their concerns to a responsible person or agency.

• In situations of immediate danger, take urgent action by calling the relevant emergency services (e.g. Police, ambulance, GP)
• If on assessment it is felt that the individual is in immediate danger, you may consider asking them to stay with you or another member of staff until all immediate actions have been taken care of
• Remember to have regard to your own safety. Leave the situation if it is not safe for you.
• Listen to the vulnerable person, offer necessary support and reassurance
• Do not ask leading questions
• Issues of confidentiality must be clarified early on. For example, staff must make it clear that they will have to discuss the concerns with their manager
• Where a vulnerable person expresses a wish for concerns not to be pursued then this should be respected wherever possible. However, decisions about whether to respect the service user’s wishes must have regard to the level of risk to the individual and others, and their capacity to understand the decision in question. In some circumstances the person’s wishes may be overridden in favour of considerations of safety.
• You may ask the individual to stay with you until all immediate discussions have been completed
• Record your concerns and any information given to you or witnessed by you as soon as possible
• Report concerns to the appropriate line manager / safeguarding lead
• Understand the need not to contaminate, or to preserve evidence if a crime may have been committed.

Where a safeguarding concern indicates that a criminal offence may have been committed, staff must escalate immediately in line with this policy and involve the Police as appropriate. This includes mandatory reporting duties, such as Female Genital Mutilation (FGM), in accordance with statutory requirements.

Documentation

Staff identifying a safeguarding incident must immediately document their concerns ensuring that the content of their documentation is concise, accurate, legible and chronological. In all cases it is advised that a Minds Matter Clinic adverse incident form be used as it provides a clear template and supports the reporting process.

Who to Report or Refer Concerns to

Any member of staff working for or on behalf of Minds Matter Clinic is required to report any concerns in the first instance to their manager. Manager refers to the individual’s clinical supervisor, service lead, or Safeguarding Lead where no line manager exists. A written record of the concern will be completed by both parties.

The relevant Local Authority Safeguarding Team should be contacted (based on where the child/adult at risk ordinarily resides) and their advice followed.

The Police should be contacted if there is an emergency where delay may result in serious harm to the child or at-risk adult or if the abuse may constitute a crime.

Safeguarding Leads within each Integrated Care Board (ICB) can provide support and guidance to Minds Matter Clinic but cannot be involved in any investigation of allegations of abuse/neglect of an individual.

The CQC will be notified of safeguarding incidents in line with statutory notification requirements.

Minds Matter Clinic does not investigate safeguarding concerns. Its role is to recognise risk, respond appropriately, record concerns, and refer to the relevant statutory authorities, who hold responsibility for safeguarding enquiries and investigations.

Safeguarding in Digital and Remote Services

MMC recognises that safeguarding concerns may arise during online therapy, video consultations, remote diagnostic assessments and through electronic communications. Staff must maintain professional boundaries, use approved secure platforms, confirm the patient’s identity and location at the start of remote contacts where clinically indicated, and escalate any safeguarding disclosure or concern immediately in line with this policy.

Allegations Against Staff (including LADO)

Any allegation or concern that a member of staff or associate has harmed a child, may pose a risk of harm to a child, or has behaved in a way that indicates they may be unsuitable to work with children must be escalated immediately to the Safeguarding Lead and the appropriate Local Authority Designated Officer (LADO) for the area where the child resides. MMC will also consider referrals to professional regulators and/or the Disclosure and Barring Service as required.

Safe recruitment

Minds Matter Clinic ensures safe recruitment through the following processes:

• Defined job descriptions and person specification exist for all roles, that include a statement about safeguarding responsibilities for positions involving contact with children and / or at-risk adults
• All staff involving contact with children and / or at-risk adults are recruited subject to the appropriate level of Disclosure and Barring Service (DBS) check
• Conducting face to face interviews with pre-planned questions
• At interview asking patient facing candidates if they have any criminal convictions, cautions, other legal restrictions or pending cases that might affect their suitability to work with children and / or vulnerable adults
• For patient facing candidates when taking up references ask about suitability to work with children and/or at-risk adults
• Checking professional registration of clinical candidates and on a regular basis once employed

Disclosure and Barring Service Checks

The organisation commits resources to providing DBS checks on staff whose roles involve contact with children and /or at-risk adults.

MMC will undertake DBS checks at recruitment in line with role requirements. Where appropriate, MMC supports staff to use the DBS Update Service and will maintain ongoing suitability assurance through supervision, annual declarations and checks relevant to role and professional registration. Where staff transfer from a role that does not involve contact with children/at risk adults to one that does, a DBS check is undertaken.

Training

All staff who, through their role, are in contact with children and /or at-risk adults will have access to safeguarding training at an appropriate level. Safeguarding training is role-appropriate and proportionate to the level of contact and responsibility held by staff. Compliance with mandatory safeguarding training is monitored by the organisation, and training records are maintained as part of governance and quality assurance processes.

Support

We recognise that involvement in situations where there is risk or actual harm can be stressful for staff concerned. The mechanisms in place to support staff include the encouragement of an open culture where staff feel that they can freely discuss concerns with the relevant manager. Training and the provision of support to complete relevant documentation and the ability to escalate matters where necessary.

Professional boundaries are what define the limits of a relationship between staff and the patient. They are a set of standards we agree to uphold that allows this necessary and often close relationship to exist while ensuring the correct detachment is kept in place.

Minds Matter Clinic expects staff to protect the professional integrity of themselves and the organisation. All staff must act in a professional manner at all times and professionally registered staff must in addition adhere to the standards as set out by their professional body.

Safeguarding supervision and case discussion are integral to safe practice. Minds Matter Clinic provides access to safeguarding consultation and supervision appropriate to role and risk, and ensures that complex or high-risk safeguarding concerns are escalated to senior clinical and executive oversight. MMC provides safeguarding case discussion and supervision/consultation routes appropriate to role and risk, including escalation to the Safeguarding Lead and senior clinical oversight where required.

Safeguarding Contacts

Safeguarding referrals will be made in line with the local safeguarding arrangements for the area in which the child or adult at risk ordinarily resides. Minds Matter Clinic will cooperate with Local Authority safeguarding teams, Safeguarding Adults Boards (SABs), and multi-agency safeguarding partnerships as required.

If there is a concern about the possible abuse of a child or vulnerable adult, the relevant Local Authority Safeguarding Team should be contacted. It is their legal responsibility to find out if abuse has taken place. It is not the role of Minds Matter Clinic to decide whether abuse has taken place, only to report allegations to these organisations or the Police.

Minds Matter Clinic Safeguarding Coordinator is Faiza Fazal and can be contacted on 07301 505 321 or by emailing info@mindsmatterclinic.co.uk. The Safeguarding Lead is Sana Afsar (Director) and can be contacted on 07301 505 321 or by emailing Sana@mindsmatterclinic.co.uk (Safeguarding Level 3 trained).

In the absence of the Safeguarding Lead, the Safeguarding Coordinator or nominated deputy will act.

Example local contacts (staff must use the correct Local Authority for the service user’s area):

Nottingham City Multi Agency Safeguarding Hub (MASH) can be contacted on 0115 876 4800 or online referrals made via Nottingham City Council website.

Nottinghamshire Multi Agency Safeguarding Hub (MASH) can be contacted on 0300 500 8090 or online referrals made via Nottinghamshire County Council website.

Safeguarding adults against extremism

Prevent

The threat of the use of violence for extremist ends can be from a range of sources, including extreme political, religious and “rights” groups. The PREVENT programme is one of the Government’s responses to the terrorist threat in the UK. It is supported by three objectives:

• Responding to the ideological challenge of terrorism and the threat we face from those who promote it (ideology);
• Preventing people from being drawn into terrorism and ensure that they are given appropriate advice and support (individuals); and
• Working with sectors and institutions where there are risks of radicalisation which we need to address (institutions).

For example, if staff are concerned that a child, young person and/or their parents may hold extremist views or are at risk of being radicalised they have a duty to ensure that they receive support to protect them from being drawn into terrorism.

The National Counter-Terrorism Strategy (CONTEST)

The Government’s counter-terrorism strategy (CONTEST), has four areas of work:

• Pursue: to stop terrorist attacks
• Prevent: to stop people becoming terrorists or supporting terrorism
• Protect: to strengthen our protection against a terrorist attack
• Prepare: to mitigate the impact of a terrorist attack

Safeguarding Referrals: Channel and PREVENT Case Management

One of the key requirements of the PREVENT duty is that staff know how to identify people at risk of radicalisation or extremism and the safeguarding pathways they should use. If staff are concerned that an individual may be at risk of radicalisation, they should treat this as they would any other safeguarding issue; and escalate it using the reporting pathway described within this policy.

Modern Slavery

Modern slavery encompasses slavery, human trafficking, forced labour and domestic servitude all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment. Modern slavery is a crime and a violation of fundamental human rights.

Our commitment

We are a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery:

• A zero-tolerance approach to modern slavery and human trafficking
• Engaging with our stakeholders and suppliers to address the risk of modern slavery and human trafficking in our operations and supply chain.

Governance, Learning and Review

Safeguarding incidents and concerns are recorded, reviewed and escalated appropriately. MMC will use learning from safeguarding incidents to improve systems, training and practice. This policy will be reviewed annually or sooner if legislation, guidance or service delivery models change. This policy will be reviewed in response to changes in legislation, statutory guidance, CQC expectations, or safeguarding learning, in addition to the scheduled review cycle.