RELEVANT INFORMATION

Moving and Handling in Health and Social Care (Health and Safety Executive)

This chapter is adapted from the above guidance.

1. Introduction

Moving and handling people, property and equipment is a common feature of daily working practices for many members of staff. Poor moving and handling practice can result in:

  • back pain and musculoskeletal disorders;
  • moving and handling accidents – which can injure both the person being moved and the employee;
  • discomfort, injury and lack of dignity for the adult being moved.

Employers must reduce the risk of injury to staff and adults using care services by:

  • avoiding manual handling tasks that could result in injury, where practicable;
  • assessing the risks from moving and handling that cannot be avoided;
  • putting measures in place to reduce the risk, where reasonably practicable

Staff must:

  • follow appropriate procedures and use the equipment provided
  • inform line managers of any problems
  • take reasonable care to ensure that their actions when involved in moving and handling tasks do not put themselves or others at risk.

2. Moving and Handling Risk Assessments

Moving and handling risk assessments help identify where injuries and problems could potentially occur and how to prevent them. The person carrying out the assessments must be trained and competent to identify and address the risks from moving and handling activities.

A moving and handling assessment should include:

  • consideration of the person’s needs and ability, task, load and environment;
  • identify what is needed to reduce the risk for all the tasks identified;
  • record the assessment and controls necessary in the adult’s individual care and support plan;
  • periodic review of the plan, as well as if the adult’s needs change;
  • arrangements to monitor handling activities;
  • ensuring competence of staff, equipment provision and management arrangements.

2.1 Identifying Risk

Activities that may increase risk may include assisting with:

  • person transfers;
  • treatment;
  • daily activities (such as bathing) with adults with specific needs.

Stresses and strains arising from adopting awkward or static postures when caring for and treating people should be addressed during the risk assessment.

Risk assessment should be part of a wider needs assessment process to achieve the best outcome. Health and safety issues will then be identified and built into the complete care package.

2.2 Individual risk assessments

The assessment should be person-centred and involve the service user where possible, or their family, in decisions about how their needs are to be met. This can reassure the adult about the safety and comfort of any equipment to be provided, and how it will help to ensure their safety and that of the staff who work with them.

The outcomes of the risk assessment and the inclusion of the findings in the adult’s care and support plan (see Care and Support Planning chapter) should be documented in their case records (see Case Recording chapter).

The risk assessment should include information about the adult’s moving and handling needs detailing whether the requirements are during the day, at night, or both specifying:

  • what the adult is able/unable to do independently;
  • the extent of their ability to support their own weight;
  • other relevant factors, for example pain, disability, fatigue, tissue viability or tendency to fall;
  • the extent to which they can participate in/co-operate with transfers, whether specialist equipment is required and the number of staff needed to perform a transfer;
  • whether they need assistance to reposition themselves / sit up when in bed/chair, and if not how this will be achieved;
  • specific equipment that is required and the type;
  • arrangements for reducing the risk and dealing with falls where the adult is assessed as at risk.

Some adults may become upset or agitated when being moved, particularly if they do not feel safe or reassured. Others, though willing to assist at the start, may become frightened during the manoeuvre and are unable to continue. These are situations where injury to the adult, staff or both parties may be more likely to arise. Training may prevent injury occurring in such circumstances.

3. Monitoring and Review

Risk assessments should be reviewed periodically and whenever circumstances change to ensure they remain current. This should also form part of the adult’s care and support plan review (see Review of Care and Support Plans chapter).

There should also be arrangements in place to ensure that moving and handling activities are monitored to ensure that correct procedures, techniques and equipment are being used.

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1. Introduction

The Data Protection Act 2018 specifies the duties of local authorities and other agencies in relation to holding, storing and processing of the personal data of living individuals (referred to within the Act as data subjects). Such information will either be held on IT databases or in hard copy.

The Act terms people who request information from the council that it holds on them  ‘data subjects’.

The Act terms staff who control the manner and the purpose of personal data processing ‘data controllers’.

The Act allows data subjects to know about and obtain information held on them by the local authority and other agencies.

2. People Eligible to Request and Receive Information

In most circumstances it is only people (data subject) who  the council holds information on who are allowed to receive information held about them by the local authority. The information provided by the local authority must only relate only to them and no one else.

If a solicitor makes a request on behalf of a client to access their case records, the solicitor must obtain written consent from the adult which allows the solicitor to receive the information. This consent must be sent to the local authority as part of the application.

2.1 Capacity

Although there are no specific provisions in the Data Protection Act regarding access of records in relation to people who lack capacity, the Mental Capacity Act 2005 enables a third party to exercise subject access rights on behalf of such an adult. It is reasonable to assume, therefore that an attorney with authority to manage the property and affairs of an adult will have the appropriate authority. The same applies to a person appointed by the Court of Protection to make decisions about such matters.

3. Information People are entitled to Receive

In theory people (the data subjects) are allowed to receive all non-exempt information (see 3.1 Exempt Information below) held about them by the local authority. People making such requests should be asked what information they specifically want to see. This will reduce the likelihood of a request being denied due to the inclusion of exempt information.

3.1 Exempt Information

In some circumstances it may not be possible to allow people to access to some or all of the information in their records, for example if it mentions another person (see 3.2 Third Party Information below), if giving them the information may cause them harm, or if it is needed for the prevention or detection of a crime. The person should usually be told the reason why it is not possible for them to access their records.

Correspondence between local authority departments and its legal services department is privileged and therefore also exempt from disclosure.

3.2 Third Party Information

Responding to a request may involve providing information relating to another individual who can be identified from that information. This is third party information. In most cases, the local authority will require written consent of that third party before disclosing the information to the data subject.

4. Making an Application

The person making the request should find out in advance from the local authority whether fees are payable (customer to add local information).

Requests for access to information are called ‘Subject Access Requests (SARs)’. These must be made in writing in relation to information held by the local authority on the person. For more information and a suggested template letter see Subject Access Requests: Information Commissioner’s Office.

5. Timescales

The local authority has 40 calendar days to respond to a written request. This allows time for personal information to be collated all involved departments within the local authority, analysed to ensure it does not contain exempt information (see 3.1 Exempt Information) and decisions made about whether there is such information that cannot be given to the person.

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If hard copy files are still in use, the customer should populate this section. It should contain:

  • an overarching statement about the importance of file organisation – why it is important for example risk management, handover of cases, legal document, ease of access to information;
  • a contents list of the sections of a Safeguarding file;
  • a description of the contents of each section of a Safeguarding file;
  • a contents list of the sections of an Adult Social Care file;
  • a description of the contents of each section of an Adult Social Care file.

 The customer should also add a link to local electronic records procedures here.

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Audio & Quick Read Summary

CQC Quality Statements

Theme 3 – How the local authority ensures safety in the system: Safe systems, pathways and transitions

Local authority statement

We work with people and our partners to establish and maintain safe systems of care, in which safety is managed, monitored and assured. We ensure continuity of care, including when people move between services.

What people want

When I move between services, settings or areas, there is a plan for what happens next and who will do what, and all the practical arrangements are in place.

I feel safe and supported to understand and manage any risks.

Further Reading

Relevant chapters

Assessment

Supervision

Data Protection: Legislation and Guidance

Relevant information

Professional Standards and Professional Standards Guidance (Social Work England)

Social Work Recording (SCIE)

Data Protection and Working from Home (Information Commissioner’s Office) 

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