Undertaking a SAR
6.1 Once the decision has been made to instigate a SAR, the NYSAB Chair will write to the heads of agencies concerned advising advise them that a SAR will be carried out and asking them to nominate a senior member of staff to support the review process. See Appendix 5. Contact will be made with the Senior Investigating Officer from the relevant police force if criminal proceedings are in process to ensure any review does not undermine police investigations. The SAR may include information already gathered through other investigations (eg Safeguarding Enquiries or Serious Incident Reviews).
6.2 The NYSAB Board Manager will identify and convene an appropriate SAR Panel (SARP) to meet at the earliest opportunity. The SARP will comprise of relevant senior representatives from the key agencies involved in the case. A Chair will also be appointed to lead the SARP.
6.3 In cases where the subject of the review is alive the LAR will seek to gain their consent to share information and complete the SAR as well as explaining the process and hearing their views. Where there are concerns a person is unable to give consent, the principles of the Mental Capacity Act 2005 should be adhered to. If the person does not give consent, legal advice will be sought to help determine whether it is in the public interest to continue. See Appendix 6 for further details about consent. To ensure that the subject is fully supported in this process, consideration will be given to advocacy, either in the form of a suitable family member of friend, or an advocacy service made available via the Local Authority. Where there is involvement of the person and/or their family, in discussion with them, the LAR will agree how they and the interested party will be represented in the report.
6.4 The SARP will create the Terms of Reference. It should reflect the six safeguarding principles set out in the Care Act and NYSAB’s Multi-Agency Safeguarding Policy and Procedures. It should also specify the time period the SAR will cover. The Terms of Reference should be anonymised or consent should be sought if records are to include identifiable information.
6.5 The SARP should nominate and agree an individual within the SAB partnership to communicate with the family whilst the SAR is being undertaken. See Appendix 6 for further guidance. The NYSAB Independent Chair will write to the family or significant others in cases where the subject is no longer alive to inform them of the SAR, explain the process and purpose, and inform them of their point of contact. This should be completed as soon as practically possible. Reasonable and appropriate support and adjustments should be made by NYSAB as required to enable the adult(s), their family and/or representatives to participate in the SAR.
6.6 The SARP should consider who will be consulted as part of the review, and document any reasons why certain family members/friends/others are excluded from contributing.
6.7 An Independent Author (IA) will be commissioned and this will be determined by the methodology employed to undertake the SAR.
6.8 The selection of an IA will include a declaration that the IA does not hold any conflicts of interest in accepting this appointment. Should a conflict of interest arise during the process of the review the IA must declare this at the earliest opportunity to the SAR panel.
6.9 Once the IA has accepted the commission the timescales for completing the SAR will commence. In every case, every effort will be made to complete the review within six months of the commission of the SAR. Where this will be not be possible, the matter will be discussed at the LAR and with the NYSAB chair. Updates will be recorded in the minutes of the LAR meeting. Interested parties, such as the family, will be notified on the progress of the review.
6.10 The SARP will regularly meet during the SAR process to monitor progress and discuss whether any amendments to the Terms of Reference are required.
6.11 Agencies involved in the incident are required under the Care Act 2014 to cooperate with the SAR, and MUST supply all information that may be relevant within the identified timescale.
6.12 Agencies are responsible for ensuring staff are offered appropriate emotional support during the SAR process. This support should be clearly identified and communicated to all staff involved. The death or serious injury of an adult at risk will have an impact on staff and should be acknowledged by the agency. The impact may be felt beyond the individual staff involved to the team, organisation or workplace.
6.13 The SARP should receive and agree the draft report before it is presented to NYSAB via the LAR so that individuals are satisfied that the panel’s analysis and conclusions have been fully and fairly represented.
6.14 The adult(s) and/or family should also be given the opportunity to discuss the SAR report and conclusions, and their experience of the process. Ordinarily, two weeks will be afforded to read the SAR and provide any response. However, extensions will be granted at the discretion of the NYSAB Independent Chair if deemed appropriate to do so.
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