Legislation National Developments Domestic Violence and Elder Abuse

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Legislation / National DevelopmentsDomestic
Violence and Elder Abuse

• Daniel Blake
• Policy Development Manager
• Action on Elder Abuse
• 8th February 2008

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Who are Action on Elder Abuse?

• Formed in 1993, Action on Elder Abuse (AEA) works
  to protect, and prevent the abuse of vulnerable
  older adults.  We were the first charity to
  address these problems and are the only charity
  in the UK and in Ireland working exclusively on
  the issue today

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What do AEA do?

• The Helpline
• Established in 1999 - Provides advice and
  guidance to older people and others
• Lobby government
• Speak at conferences
• Provide training
• Raise awareness wherever possible

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Abuse and Definitions

• 'A single or repeated act or lack of appropriate
  action, occurring within any relationship where
  there is an expectation of trust, which causes
  harm or distress to an older person'. (AEA)

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The Categories

• Physical abuse
• Psychological abuse
• Financial abuse
• Sexual abuse
• Neglect

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Elder Abuse and Domestic Violence The
connection

• any incident of threatening behaviour, violence
  or abuse (psychological, physical, sexual,
• financial or emotional) between adults, aged 18
  and over, who are or have been intimate
• partners or family members, regardless of gender
  and sexuality. (Family members are defined as
• mother, father, son, daughter, brother, sister
  and grandparents, whether directly related,
  in-laws
• or step-family.) (ACPO definition)

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Older People and Domestic Violence

• Older People Victims
• Older People Perpetrators

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The Prevalence Study

• .
• UK Study of Abuse
• and Neglect of Older
• People 2007

Findings published June 2007
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UK Study of Abuse and Neglect of Older
People - 2007

• 2,100 older people in England, Scotland, Wales
  and Northern Ireland took part in the survey,
  between March and September 2006
• 98 were White, with 2 classified as non-White
  matching the general population. It included
  older people aged 66 years and over.
• The survey did not include people living in or
  being cared for in institutions (including the
  NHS), care homes, or people with dementia.
• Some people who were surveyed may not have
  disclosed their experience of abuse, perhaps due
  to fear, shame or guilt.

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UK Study of Abuse and Neglect of Older People -
2007
The overall prevalence of abuse, defined by
expectation of trust in the year preceding the
survey was
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This equates to 342,000 people aged 66 and over,
or 1 in every 25 of the population aged 66 and
over

• Leicester population 330,574

(2.6 of older people were abused by someone in a
position of trust)
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UK Study of Abuse and Neglect of Older People -
2007
Percentage of all respondents who had experienced
abuse in the last year
The Abusers
40
35
30
25
Percentage
20
15
10
5
0
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UK Study of Abuse and Neglect of Older People -
2007
Percentage of those who had been identified as
abusers in the last year
Abusers and Type
70
60
50
Percentage
40
30
20
10
0
0
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Some interesting figures

• According to figures from the met police,
  positive action is less likely to be taken in
  domestic violence cases where the victim is over
  60 and/or has a disability
• Victim aged 18-29 47 chance that the
  suspect will be arrested
• Victime aged 60 only a 40 chance of the
  suspect being arrested
• Small in terms of percentage points but large in
  terms of numbers!

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Making the Links

• Action on Elder Abuse and Womens Aid The
  Partnership

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The Carer Stress Debate

• Assumption that an older person receiving care is
  difficult
• Therefore carers stress results in abusive
  behaviour which is understandable
• We would not accept carer stress as an
  explanation in child abuse why do we for older
  people?

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Adult Protection Legislation

• Legislative situation currently confusing and
  piecemeal 
• Definition of a vulnerable adult varies,
  depending upon the legislation. 
• Processes and systems to protect older people are
  based on guidance and lack the resources and
  drive to ensure comprehensive protection. 
• Adult Protection Teams under-funded,
  under-resourced, and under-staffed. 
• Increased referrals to some teams would result in
  crisis. 
• Abusers escape through the huge gaps that exist

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Reasons for legislation (1)

• inconsistent application of the No Secrets and
  In Safe Hands guidance.
• adult protection work lacks political
• accountability, monitoring and feedback.
• Failure of bodies and individuals to share
• information
• Retrograde actions by regulators (e.g.
  proportionate inspection)

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Reasons for legislation (2)

• The drive to introduce Direct Payments without
  linking it to the protection measures of the CSA
  2000 (e.g. POVA and CRB checks)
• The inability (and at times unwillingness) of the
  current criminal justice system to address adult
  abuse
• Legislation would deliver a framework within
  which agencies should be compelled to operate
  (and be given the chance to)

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Paving the way in Scotland

• Adult Support and Protection (Scotland) Act 2007
  based on No Secrets/In Safe Hands guidance It
• Establishes a general principle on intervention
  in an adults affairs, defines Adults at risk,
  and specifies a Councils duty to make inquiries.
  
• Establishes a duty of co-operation among
  statutory bodies, and confirms how and when
  investigation visits may be undertaken.
• Enshrines in law the concept of assessment
  orders, removal orders against abusers, and the
  protection of a moved persons property.
• Includes the right to ban abusers from the family
  home and the duties of the police if banning
  orders are ignored.
• Establishes statutory Adult Protection
  Committees, and defines their membership and
  procedures.
• Addresses obstruction and offences by corporate
  bodies.

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The Intervention Order!

• The Scottish Act includes circumstances in which
  the wishes of an Adult with capacity may be
  over-ruled.
• Major area of debate and disagreement
• The need to over-rule in circumstances involving
  the historic coercion of victims
• vs
• the Human Rights of individuals being protected
  including the right to self-determination.

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National Developments

• CSCI star ratings star ratings give you an
  overall picture of how your council is delivering
  its social care services for adults.
• Direct Payments/Individual Budgets
• World Class Commissioning (Ivan Lewis 2007)
• Safeguarding Vulnerable Groups Act

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Elder Abuse Response Line
080 8808 8141
9.00am 5.00pm Monday - Friday
Action on Elder Abuse 0044 (0)20 8765 7000
rthurlow_at_elderabuse.org.uk
WWW.ELDERABUSE.ORG.UK