A not-for-profit organisation providing high quality community support services to people with disabilities

17.2.9 Safer working practice

Introduction

Supported Lives recognise that staff can be in situations where they are at risk of violence or abuse, by the nature of the work they do. As an employer, we are required in law to ensure, so far as is reasonably practicable, the health, safety and welfare at work of employees. Staff also have a responsibility to take reasonable precautions to safeguard themselves, clients and other members of the public. By ensuring that staff have clear information, training and guidance about reducing risk and responding to incidents, by supporting managers to develop and implement safer working practices, and by supporting staff following an incident support policy: situations. Supported Lives intend to enable staff to respond confidently in difficult.

Definitions

For the purposes of this policy, the definition of work related violence is based on that used by the Health and Safety Executive:

"any incident in which a person is verbally abused, threatened or assaulted in circumstances arising out of the course of their employment which results in damaging or hurtful effects either physically or emotionally."

This includes any racist, sexist or homophobic abuse, which should be reported in accordance with existing procedures and also work-related incidents, which take place when the staff member is off duty. This includes threats to family and property.

Scope

This general policy applies to all Supported Lives staff

Legal Context

Working in The Community

Staff are expected to take all reasonable precautions to ensure their own safety, that of any clients they may be accompanying and that of any other members of the public who may be affected by their actions.

Staff are responsible for informing their manager or other designated person of their intended destination and estimated time of return when leaving their base, and for confirming their return. This should not be restricted solely to those occasions when a specific risk has been identified. (See the Lone Working policy.)

Personal alarms will be available for staff use where appropriate. They must be checked regularly to ensure that they are fully operational.

Where a particular risk has been identified, managers should consider sending two staff, or arranging a meeting on premises.

Assessment of Risk

Staff making an initial visit should have access to all relevant information in order to make a reasoned judgement of any potential risk.

Agencies must be encouraged to share all relevant information when making a referral for a service and protocols agreed where appropriate.

In making an assessment for support, actual staffing levels and resources must be considered, as well as potential risk to other clients and members of the public.

The following issues should be considered, appropriate to the circumstances:

Managers should make clear assessments of the risks to staff from the individuals and groups that they work with.

Responding to an incident

Abuse

Staff are not expected to tolerate any form of verbal or written abuse, whether sexist, sexual, racist, homophobic, aggressive, threatening or in any way discriminatory.

Staff should make every effort to remain calm and avoid any words or actions, which might exacerbate the situation.

They should indicate that the abuse is unacceptable and, wherever possible, why.

If speaking on the telephone, they should warn the caller politely but firmly that they will not continue the conversation at that time unless the abuse is stopped, and end the call if necessary.

In a face to face situation, the same warning should be repeated and the interview ended if necessary.

If the abuse is received via text message or e-mail do not respond but save the message noting the time and date received. The line manager should be informed and a complaint made, to the police and the Mobile Phone Company or Internet provider. Sometimes a failure to respond is enough to stop these contacts because they do not give the sender the response they wanted.

Threats

Threats of violence should not be dismissed, but must be recorded and discussed with the line manager.

The seriousness of the threat should be assessed and the manager should discuss ways of reducing the risk.

If appropriate the matter should be referred to the police for advice or possible action.

Violence

Wherever possible, the first step must be to try to defuse the situation before it reaches the point of physical attack. Staff should use the skills at their disposal - listening, verbal and non-verbal communication and negotiation.

Staff should ensure they have means of escape from the room/building.

If other Clients are in the vicinity, they should be encouraged to move away, both for their own safety and as a way of reducing tension.

Staff must not assume that they can handle the situation alone, and help should be summoned by whatever means are available.

Personal safety takes priority over the preservation of property.

If possible, any potential weapons should be moved out of reach.

Reporting

Incidents must be reported to the line manager as soon as possible, and the staff concerned initially debriefed.

It is important to record all incidents because the cumulative effect of repeated minor incidents can be damaging and accurate reporting can assist in identifying triggers and so reducing the risk of further incidents.

Information about incidents should be shared with other teams and agencies involved, in accordance with established protocols.

Recording must include staff activity and events leading up to the incident, the incident itself, what happened afterwards, and any suggestions for future action.

Support

Strategies for reducing risk will be encouraged and supported.

Staff will be encouraged to discuss any anxieties they may have about specific situations or individuals, and to identify appropriate responses.

Information about support and counselling services will be available to all staff. If abuse has been racist, sexist or homophobic in nature then the Harassment Network may be a useful source of support.

Following the initial de-briefing, staff should be given the opportunity to talk through the incident and acknowledge their feelings and reactions. Those who witnessed the incident or who were involved in the immediate consequences should have the same opportunity.

Staff will be encouraged to learn from their experiences and to share that learning from colleagues.

In addition to support to individuals, it may be appropriate to consider group support, to the team who may have been affected by the incident.

Restraint

Staff who have been trained in its use should attempt restraint, if appropriate, but it is recognised that sometimes circumstances may arise in which staff have no alternative but to act.

The Legal Framework and Related Policies

The principal framework for this policy is based on the following legislation:

Common Assault and Battery

An assault is any intentional or reckless act, which causes a person to apprehend immediate unlawful force or personal violence. A battery is any intentional or reckless affliction of unlawful force or personal violence. A battery, therefore, usually includes as assault and as a result the term "assault" tends to be used in a broad sense to cover both assault and battery. However, they are separate statutory offences.

Aggravated Assaults

Some assaults are regarded as being of a more serious nature and these are specifically catered for in the Offences against the Person Act 1861. The more common offences are wounding or causing grievous bodily harm with intent, wounding or inflicting grievous bodily harm, assault with intent to resist or prevent arrest and assault occasioning actual bodily harm.

A person is entitled to use reasonable force to defend themselves, their property or another person. In addition, a person may use "such force as is reasonable in the circumstances" in the prevention of crime. Provocation does not alter the nature of the offence but is allowed for in the sentence. A defendant who pleads self-defence must show that he honestly believed that the circumstances were such as required them to use force to defend themselves.

Harassment

The additional protection now given by the Protection from Harassment Act 1997 should be noted. Conduct which is less than a threat of immediate unlawful violence may amount to harassment. A person who pursues a course of conduct, which amounts to harassment of another, is in general terms guilty of an offence against section 2 of the 1997 Act. That person may, in civil proceedings, be liable for damages and be made subject to an injunction. Breach of such an injunction is an offence. In addition a person whose conduct causes another to fear (on at least two occasions) that violence will be used against them is guilty of an offence, and on sentencing a Court can make a Restraining Order.

Written threats and abuse

Hate mail is usually anonymous, but if it can be traced the sender can be prosecuted under the Malicious Communications Act 1988. This makes it an offence to send a letter or other article which conveys an indecent or grossly offensive message or a threat, or which contains information known to be false and the purpose of the letter is to cause distress or anxiety. The Criminal Justice and Police Act 2001 has expanded the category of communication to include hate telephone calls, e-mails and text messages.

This document was updated in March 2007