Preventing abuse of vulnerable people- What to do if you have concerns
The protection of vulnerable people is everybody’s business. Spotting early warning signs of potential abuse can make all the difference to the individual and allow effective safeguarding to take place.
Warning signs
Abuse can come in many different forms, including emotional, financial, sexual, and physical abuse. Any behaviour which seeks to exploit or take advantage of an individual and their vulnerability could be considered abusive.
Behaviour which could indicate cause for concern may include:
- Isolation of the individual from friends or family
- Controlling contact and visits for the vulnerable person
- Change of use of the individual’s bank accounts and spending habits (for example, gambling or online transactions)
- Unpaid bills
- Large, frequent or unexplained cash withdrawals
- Living in the individual’s property without consent or payment
- Missing paperwork, household items and jewellery
- Unusual transactions, gifts or transfers
- Unexplained bruising or injuries
- Individual’s change in personality, being unusually reserved or uncomfortable in the presence of a particular individual
- Reluctance by third party to involve professionals (this could be carers, GP or social services)
This is not an exhaustive list but a few potential signs that may require further investigation.
Using an imbalance of power to gain an unfair advantage in a transaction could also be considered abusive. Exerting undue influence over an individual to gain that advantage or to enforce a transaction may result in that transaction being overturned.
Actions of an attorney
An attorney is an individual who is chosen by a person to make decisions for them if they become unable to do so in the future.
This is a position of trust as the attorney has the power to act for the individual they are appointed for. Under a property and financial affairs lasting power of attorney, the attorney may have full access to bank accounts, savings, income, and investments. It’s important that the attorney acts within the scope of their authority and does not abuse this position.
An attorney has, amongst other things, a duty to:
- Keep records of decisions and financial transactions made for the vulnerable person
- Ensure their money does not mix with that of the vulnerable person
- Ensure that any gifts they make on behalf of the vulnerable person are reasonable, proportionate and only made on customary occasions to those people
- Ensure they make decisions in the best interests of the vulnerable person and that they do not allow their own interests to conflict with those of the vulnerable person
An attorney that breaches their responsibilities may face investigation by the Office of the Public Guardian (OPG) and potential removal from the role.
What can I do if I suspect abuse?
The primary concern is the protection of the vulnerable person and so any steps you propose to take should be taken with that in mind. Although anonymous, allegations of abuse can result in relationship breakdown and the impact of the report should be balanced with the risk of non-reporting.
One step may be to raise a safeguarding concern with the local authority. Social Services will have a system for raising concerns anonymously about a particular issue or behaviour by a third party. You can also raise a referral if you have concerns that the individual is a risk to themselves (e.g by self-neglect).
An option available to report the actions of an attorney would be to raise a safeguarding concern with the OPG. The OPG is responsible for the investigation of complaints made about attorneys appointed under registered lasting powers of attorney and enduring powers of attorney and they too have the ability to report concerns anonymously. Details to make a report can be found here: https://www.gov.uk/report-concern-about-attorney-deputy-guardian
A more serious step may be to report the activity to the police if there is evidence of criminality. Perpetrators of abuse can face prison time if found guilty of theft or fraud by abuse of position. It is also a criminal offence for a carer, attorney, or deputy to ill-treat or wilfully neglect a mentally incapacitated individual.
Further advice
For further information and advice, you can seek support from Hourglass, the safe ageing charity: https://wearehourglass.org/