Care Act sched 2 SABs

SCHEDULE 2 – SAFEGUARDING ADULTS BOARDS

 

Membership, etc.

 

1          (1)        The members of an SAB are—

 

(a)        the local authority which established it,

(b)        a clinical commissioning group the whole or part of whose area is in the local authority’s area,

(c)        the chief officer of police for a police area the whole or part of which is in the local authority’s area, and

(d)        such persons, or persons of such description, as may be specified in regulations.

 

(2)        The membership of an SAB may also include such other persons as the local authority which established it, having consulted the other members listed in sub-paragraph (1), considers appropriate.

 

(3)        A local authority, having consulted the other members of its SAB, must

appoint as the chair a person whom the authority considers to have the

required skills and experience.

 

(4)        Each member of an SAB must appoint a person to represent it on the SAB;

and the representative must be a person whom the member considers to

have the required skills and experience.

 

(5)        Where more than one clinical commissioning group or more than one chief officer of police comes within sub-paragraph (1), a person may represent more than one of the clinical commissioning groups or chief officers of police.

 

(6)        The members of an SAB (other than the local authority which established it) must, in acting as such, have regard to such guidance as the Secretary of State may issue.

 

(7)        Guidance for the local authority on acting as a member of the SAB is to be

included in the guidance issued for the purposes of section 77(1).

 

(8)        An SAB may regulate its own procedure.

 

 

Funding and other resources

 

2          (1)        A member of an SAB listed in paragraph 1(1) may make payments

towards expenditure incurred by, or for purposes connected with, the SAB—

 

(a)        by making the payments directly, or

(b)        by contributing to a fund out of which the payments may be made.

 

(2)        A member of an SAB listed in paragraph 1(1) may provide staff, goods,

services, accommodation or other resources for purposes connected with the SAB.

 

 

Strategic plan

 

3          (1)        An SAB must publish for each financial year a plan (its “strategic plan”)

which sets out—

 

(a)        its strategy for achieving its objective (see section 43), and

(b)        what each member is to do to implement that strategy.

 

(2)        In preparing its strategic plan, the SAB must—

 

(a)        consult the Local Healthwatch organisation for its area, and

(b)        involve the community in its area.

 

(3)        In this paragraph and paragraph 4, “financial year”, in relation to an SAB,

includes the period—

 

(a)        beginning with the day on which the SAB is established, and

(b)        ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the 31 March following that date.

 

 

Annual report

 

4          (1)        As soon as is feasible after the end of each financial year, an SAB must

publish a report on—

 

(a)        what it has done during that year to achieve its objective,

(b)        what it has done during that year to implement its strategy,

(c)        what each member has done during that year to implement the

strategy,

(d)        the findings of the reviews arranged by it under section 44

(safeguarding adults reviews) which have concluded in that year

(whether or not they began in that year),

(e)        the reviews arranged by it under that section which are ongoing at

the end of that year (whether or not they began in that year),

(f)         what it has done during that year to implement the findings of

reviews arranged by it under that section, and

(g)        where it decides during that year not to implement a finding of a

review arranged by it under that section, the reasons for its decision.

 

(2)        The SAB must send a copy of the report to—

 

(a)        the chief executive and the leader of the local authority which

established the SAB,

(b)        the local policing body the whole or part of whose area is in the local authority’s area,

(c)        the Local Healthwatch organisation for the local authority’s area,

and

(d)        the chair of the Health and Wellbeing Board for that area.

 

(3)   “Local policing body” has the meaning given by section 101 of the Police Act 1996.

 

 

The Government’s Explanatory Notes to the Bill for this Act say as follows:

 

Membership, etc.

 

Paragraph 1 specifies that the core members of the SAB must include the local authority, an appointed representative from each clinical commissioning group (CCG), and the chief officer of police for the SAB’s area. The SAB may include other members that the local authority considers appropriate, after the local authority has consulted the core members of the SAB, as sub-paragraph (2) sets out. The Secretary of State may prescribe other core members of the SAB through regulations.

 

The appointed representative for the CCG or the police may represent more than one CCG or chief officer of police where there is more than one within that SAB’s area. The individual nominated to represent the member on the SAB must be a person whom the member considers to have the required skills and experience. Nominated representatives are required to attend SAB meetings. The local authority must also appoint a chair for the SAB with reasonable skills and experience after consulting the other SAB members.

 

Other than this, there are no particular governance procedures which an SAB must follow, and the SAB can regulate its own procedure.

 

Sub-paragraph (6) sets out that the local authority must act under the guidance issued by the Secretary of State whilst other SAB members must have regard to such guidance.

 

Funding and other resources

 

Paragraph 2 enables the SAB members to contribute financially to the cost of running the SAB. It allows for money from those members to be pooled in a single fund. It also makes clear that members can provide non-pecuniary resources (such as staff, goods, services or accommodation) in support of the activities of the SAB.

 

Strategic plan

 

Paragraph 3 specifies that an SAB must publish for each financial year a strategic plan that sets out how it will meet its main objective and what each SAB member will do to achieve that objective.

 

This plan should, so far as feasible, be developed involving the local community, and the SAB must consult the Local Healthwatch organisation in the development of the plan.

 

Annual report

 

Paragraph 4 requires an annual report to be published to account for success against the strategic plan described in paragraph 3 and progress on the findings of any Safeguarding Adult Reviews.

 

Sub-paragraph (1) requires the report to describe what the SAB has done during the year to achieve its main objective and its strategy, and how each member of the SAB has helped to contribute to the strategy. The findings of Safeguarding Adults Reviews concluded that year and actions taken that year in response to Safeguarding Adult Reviews must also be recorded in the annual report. That is either action taken to implement findings or, where a decision has been taken not to implement a finding, then the reason for that decision. The report must also record the number of ongoing reviews.

 

As well as being published, copies of the report must be sent to those people specified in sub-paragraph (2).”

 

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