Key Issues in Financial Safeguarding of Vulnerable Adults

1. Key Issues in Financial Safeguarding of Vulnerable Adults The Advocacy and Financial Abuse Project Sally Wells Action for Advocacy

2. CONSETT NEWS Little money available to recover from care home thief Monday 8th March 2010 LITTLE money may be redeemed from a former nursing home administrator who stole thousands of pounds of residents’ money. Brenda Allen, now 45, took £5,900 belonging to four residents at Abigail Lodge Nursing Home, in Consett, County Durham, between July and November, 2004. She escaped an immediate prison sentence in January, after Durham Crown Court was told she was suffering mental health problems at the time. Allen transferred sums of between £100 and £1,000, either directly, or via a third party, into her own bank account. Her activities only emerged four years later when the family of one victim noticed discrepancies in her accounts following her death. Passing a 51-week prison sentence, suspended for two years, during which Allen must undergo psychiatric treatment, Recorder Martin Bethel QC said he accepted, "with difficulty", she was suffering mental health difficulties at the time. But he also pointed to the "calculated and deliberate" nature of the thefts. A Proceeds of Crime hearing, at the court yesterday (MON), was told although £62,000 is recorded as having gone into Allen’s bank account around the time of the thefts, she now has few "available funds".

3. DERRY Journal - Stole £64k from care home residents Published Date: 08 March 2010 A 35 year-old woman has admitted stealing more than £64,000 from the residents of a care home. Juanita Ferguson, of Lower Nassau Street, admitted six charges of theft at Meadowbank Care Home between May 12, 2005 and February 6, 2006.A previous court hearing was told that in total the amount of cash stolen from the residents was 'in excess of £64,000'.On Friday, Derry Crown Court Judge Desmond Marrinan told Ferguson the theft of cash from the residents of a care home was a very serious matter.It was revealed that a confiscation order for the money has also been requested and a hearing will take place next month.The judge adjourned sentencing until the same date and ordered the compilation of a probation pre-sentence report.Ferguson was released on continuing bail to appear in court again on April 23

4. Financial Abuse – a definition Financial Abuse is defined by AEA as: “stealing from, defrauding someone of, or coercing someone to part with, goods and /or property.” The Cost of Living: ‘growing up is free, growing old is expensive’ www.elderabuse.org.uk CPA describes Financial Abuse as ranging from: “failure to access benefits, through inadvertent mismanagement and opportunistic exploitation to deliberate and targeted abuse.” CPA briefings: The financial abuse of older people (2008) www.cpa.org.uk

5. Financial Abuse – what does it look like? • Theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions • Misuse or misappropriation of property, possessions or benefits Possible Indicators • Sudden inability to pay bills • Unexplained withdrawal of money from accounts • Contrast between known income and standard of living • Loss of personal possessions without reasonable explanation • Someone has taken responsibility to pay bills but is clearly not paying them Elder Abuse Advocacy toolkit - Action on Elder Abuse

6. Financial Abuse – some facts • A major prevalence study carried out by Kings College and the National Centre for Social Research 2007, found 0.66% of UK older people, aged 66 and over living at home reported experiencing financial abuse by a close friend, relative or care worker in the past year. (This study excluded older people with severe dementia, those living in residential care and cases of abuse by a stranger.) • The same study estimated that over 100,000 UK older people (1.2%) had experienced financial abuse, by a close friend or relative, since the age of 65 • In the UK, studies generally show that around 20% of abuse is financial but some studies have found financial abuse in over 80% of cases. • Indications are that 60-80% of financial abuse takes place in the home and 15-20% in residential care.

7. Over 50% of financial abuse is by a grown-up son or daughter and nearly 70% by a family member. • The risk of financial abuse is greater for those living alone, in receipt of services, in bad or very bad health, and those who are divorced, separated or lonely. • Financial abuse both at home and in residential care, is tied up with societal attitudes to inheritance. • Very little is currently known about the financial abuse of older people in black and minority ethnic communities in the United Kingdom and further research is required. • Any prevalence estimates of financial abuse are likely to be underestimates through under-reporting. CPA briefings – The Financial Abuse of Older People (August 2008)

8. Some of the key issues are as follows: • Legislation, Guidance & Policy – - No Secrets (2000) – how well & consistently has this been implemented? - MCA (2005) - LPA’s , Court of Protection, Office of the Public Guardian - Fraud Act (2006), Safeguarding Vulnerable Groups Act (2006) - ADASS Safeguarding Adults (2005) - Independent Safeguarding Authority – Vetting & Baring Scheme - Care Quality Commission However , we have no definition of adult abuse in law & no equal status within law with child protection • Regulatory & inspection systems could provide greater & improved protection • Attitudes towards older people & other potentially vulnerable adults • Lack of support/ inconsistent support including: access to advocacy, information & appropriate independent support

9. Financial abuse can be hidden within the family or ‘care relationship’ – this often means the vulnerable person has no other route of action. Fear of damaging the relationship within the family or with a carer they rely upon • People lacking capacity may not be aware they are being financially abused • New developments – Personalisation. Potential for abuse through Individual Budgets / Direct Payments

10. Conclusions Prevention should be the focus: • Prevention of all abuse should be incorporated into an overall strategic approach to safeguarding vulnerable adults • Education & awareness for all who have contact with potentially vulnerable adults – health & social care staff, the public, bank and financial staff, advocates (supervision) • Legislation and policy to be given greater status & therefore greater monitoring • Support for the development of independent advocacy and other financial support schemes e.g. Age Concern Coventry

11. Strengthened inter-agency, collaborative working • Greater access for people to social support & activities to prevent isolation • Financial literacy – education for potentially vulnerable adults • Balancing risk, choice & autonomy • More research and effective ways to collate information relating to the prevalence of financial abuse

12. The Advocacy & Financial Abuse Project • 3 year project funded by the DoH • Began in July 2010 Aims: • To explore the role independent advocacy plays in empowering vulnerable adults & those who are experiencing or at risk of financial abuse • Focus mainly on older people but will include ‘vulnerable adults’

13. Develop a best practice model drawing on current practice in the advocacy sector and other relevant safeguarding agencies • Commissioning guidance for commissioners of advocacy services • A service specification for a ‘model’ advocacy service / advocacy toolkit

14. What is the current picture in the advocacy sector? • Online Survey of advocacy services • How does this fit in with the wider picture within the safeguarding sector – OPG, ACPO, ADASS, British Banking Association etc? • Survey of current practice within the safeguarding sector

15. Drawing on previous / current work & research Literature review and learning from other projects: • Help the Aged – The Financial Abuse of Older People, a review from the literature • OPAAL Benchmarking – Speaking Up to Safeguard • AEA / A4A Elder Abuse Toolkit • Brunel University – Detecting and Preventing Financial Abuse Project • Ann Craft Trust / BILD – training pack • Age Cymru - Elder Abuse Project