These case studies provide an example of situations where a frontline worker feels that someone is experiencing exploitation and would benefit from being referred into safeguarding services, but has been unable to gain the individual’s consent.
A supported housing manager notices that one of their residents, ‘A’, regularly disappears from the property, sometimes for a number of days at a time. They appear unkempt and have recently been walking as though they have sustained an injury. Individuals known to be involved in the supply of drugs often congregate round the property and ‘A’ has been known to communicate with them. The housing manager finds ‘A’ with a large amount of money and in a worried state of mind. ‘A’ discloses that they were given the money after being forced to transport drugs to another town by a ‘gang’. ‘A’ says that if the gang know he has told anyone they will beat him up. ‘A’ has seen them physically assault another gang member and is scared. The manager tells him they are concerned about his welfare and safety, and would like to make a safeguarding referral so that he can receive support and protection. ‘A’ asks that the manager does not make a safeguarding referral as the gang will ‘find out’ and ‘threaten him’, and he is ‘fine to cope on his own’.
Given the risks to ‘A’s safety and wellbeing, and the basis on which he is declining consent – fear of harm from the ‘gang’ if they find out, the decision should be made to make a safeguarding referral without informing him.
A restaurant worker, ‘B’, becomes known to the neighbourhood policing team following reports of antisocial behaviour at the restaurant. ‘B’ appears to have had an altercation with the restaurant owner. ‘B’ accuses the owner of stealing his money and possessions. He also discloses that he has experienced physical abuse at the hands of the owner when refusing to work longer than his original contract stated. ‘B’ says that all staff in the restaurant are afraid of the owner and receive similar abuse if they try to take a break or leave before the owner tells them to. The owner is also known to the police for previous episodes of assault.
If the policing team tell ‘B’ that they intend to make a safeguarding referral there is a risk that the owner of restaurant will find out and act abusively towards ‘B’ and the other staff. The decision is made to refer ‘B’ into safeguarding services without telling him or asking him to provide consent.
A drug and alcohol outreach worker visits ‘C’, a client with mental health needs and alcohol dependence. Her day-to-day living arrangements and finances are heavily supported by her partner, ‘D’. ‘C’ discloses that ‘D’ has made unwanted sexual advances and has invited friends round to participate in sexual activities which ‘C’ is forced to participate in. ‘C’ says that she is sometimes frightened and intimidated by ‘D’ but also feels that they have a very close bond. She says that ‘D’s monitoring of where she goes, who she talks to and what she spends money on is ‘D’s way of keeping her safe.
Given that ‘C’s life is so closely managed by her partner, and his tendency to monitor her movements and communications, there is a risk that ‘D’ will find out that the support worker has referred ‘C’ into safeguarding services. If ‘D’ finds out it is likely that they will seek to harm ‘C’ or make her life difficult. The support worker makes the decision to make a safeguarding referral without asking for ‘C’s consent.