Version: V2
Ratified by: Quality and Safety Committee
Date ratified: 22/10/21
Job Title of author: Assistant Director – Clinical Lead Pathway
Reviewed by Committee or Expert Group Other Expert Group
Review
Handling of Patients Property
It is the responsibility of users to ensure that you are using the most up to date document template – ie obtained via the intranet.
In developing/reviewing this procedure Provide Community has had regard to the principles of the NHS Constitution.
Version Control Sheet
V1 5.10.18 Assistant Director –Clinical PathwayLead
V2 22.10.21 Assistant Clinical & Operations Director for Support at Home
1. Introduction
Provide recognises the dangers of support providers assuming too much control over a person’s personal finance and the following procedure aims to increase the control people have regarding their money and avoid placing support staff or the company in positions of a conflict of interest.
This will work within the 5 principles of the Mental Capacity Act 2005:
• We will help people with a learning disability to be more independent and have more control over their money
• We will recognise that each person has different needs and capacities and receives support from various sources such as Deputies, families etc., and therefore does not attempt to cover all eventualities
This Procedure applies to any financial transaction carried out by a supporting member of staff on behalf of an individual, including paying in or withdrawing money from accounts, using cash cards and pin numbers, setting up direct debits, paying bills and shopping.
2. Intent
Staff are responsible for supporting individuals to be as independent as possible regarding their money. So that we can safeguard both staff and individuals, standard procedures must be followed in the handling of this money.
People must be encouraged to be present whilst any financial transactions are taking place. If this is not possible, an agreement will be written between the individual and their Circle of Support or Deputy authorising support staff to make transactions on behalf of the person.
Whilst it is recognised that it may be impossible to completely eliminate any form of financial abuse in a support setting, this procedure seeks to both protect people we support from potential risk and protect everyone from accusations of misconduct.
PROVIDE employees will not be named on individuals bank accounts. If it is in the persons best interest a corporate appointee can decide to give access to a Manager or Senior support worker to support the individuals with withdrawals relating to day to day living expenses from an appointee’s bank account in the name of an individual only. In such cases it must be clear that the appointee is responsible for applying controls that limit risk to the individual and protocols must be agreed.
PROVIDE employees will not be appointees of those people they are supporting. If a person is assessed as lacking capacity to manage their financial affairs people who are significant in their lives have a duty of care to find an appointee.
3. Staff Duties
Any money belonging to an individual must be kept separate from any supporting staffs’ personal money. It should be kept securely, not loose in a pocket.
For security reasons, the individual’s card and PIN numbers must be secure at all times and kept separate from each other.
Each Individual will have a separate procedure and or protocol in place which identifies how they will need support with their money and or cards.
Recording Transactions
All transactions including the name and address of the individuals supported must be recorded on a financial record sheet (Appendix One). Entries should be signed by the individual supported (where possible) and the member of staff. If the individual supported does not have the capacity to sign then the supporting staff must explain the process to the individual and when handing over the money get a counter signatory. A support plan will be in place for each person which reflects this agreement.
If the staff member carries out any further financial transactions they must keep all receipts and record the transactions on the Financial Transactions Record sheet on their return to the individual’s home, any remaining balance must be counted out to the individual. The person will then be asked to sign the financial record sheet to confirm the amount spent or paid and the amount of change received where possible, or two staff members count and sign the transactions are correct at handover.
4. Responsibilities
All supporting staff must ensure they:
• Always act with honesty and high standards of support at all times
• Respect the individual’s right to spend their money as they wish, and to keep their financial affairs private
• Ensure individual’s rights to financial confidentiality is maintained
• Only ever spend, carry, or use an individual’s money according to their explicit instructions
• Do not give individuals financial savings or investment advice (when it is in the best interests of a person they support a Circle of Support may wish to consider accessing an accredited independent financial advisor)
• Report immediately to their line manager any discrepancies or problems relating to the individual’s money or finances; including any worries or concerns for example being cheated by a third party, or has otherwise lost or mislaid money or valuables
• Do not use their own personal store loyalty cards against items bought by, or on behalf of, any individual supported
All supporting staff must ensure they:
• Always act with honesty and high standards of support at all times
• Respect the individual’s right to spend their money as they wish, and to keep their financial affairs private
• Ensure individual’s rights to financial confidentiality is maintained
• Only ever spend, carry, or use an individual’s money according to their explicit instructions
• Do not give individuals financial savings or investment advice (when it is in the best interests of a person they support a Circle of Support may wish to consider accessing an accredited independent financial advisor)
• Report immediately to their line manager any discrepancies or problems relating to the individual’s money or finances; including any worries or concerns for example being cheated by a third party, or has otherwise lost or mislaid money or valuables
• Do not use their own personal store loyalty cards against items bought by, or on behalf of, any individual supported
• Do not personally gain from any financial transaction made by an individual supported, e.g. taking ‘free’ item of a ‘buy one get one free type of offer’
• Do not loan any money to a person they support
• Do not take a supported person’s money home or put it into their personal bank accounts
• Do not make personal use of a person’s money or personal belongings including food and drink
• Do not lend money, possessions or property either their own or others, to a person they support or their relatives
• Do not borrow money from a person supported or their relatives
• Do not buy or sell goods and/ or services from, or to, a person supported or their relatives
• Do not sell or dispose of any goods and/ or services belonging to a person supported or their relatives. If a person supported specifically requests or needs to sell an item, a Best Interest Decision (BID) meeting is arranged and a BID form is completed
• Do not incur a liability on behalf of a person they support
• Adhere to Procedure in respect of receiving money and or gifts from people they support and or their families:
“Provide expects that staff will not accept any gifts or consideration as an inducement or reward for doing or refraining from doing anything in their professional capacity; showing favour or disfavour to any person in their professional capacity.
Casual gifts offered at Christmas etc., unconnected with the performance of duties, need not necessarily be refused if they are of low intrinsic value, (e.g. Diaries, calendars, chocolates) however this should always be checked with line managers. If in doubt, staff should politely decline acceptance.”
• Do not purchase items on behalf of a person supported from their own mail order catalogues or any other commission-based services
• Do not encourage a person supported to participate in gambling syndicates e.g. Football Pools, National Lottery etc.
• Staff may be asked to purchase lottery tickets, scratch cards or place bets on behalf of a person they support. There should be a written agreement between the person supported and the organisation that staff will not benefit from any wins under any circumstances
• Staff must not give advice or be part of any legal document for a person they support i.e. tenancy agreement, credit agreement etc.
• Staff must not purchase personal items whilst undertaking any tasks for a person they are supporting
Responsibilities of the Management Team
Best practise in supporting someone with their finances involve and include; MCA Best Interest and Assessment of Capability, a support plan that specifies managing finances and property and associated and relevant risk assessments. This includes:
• Developing ‘A Budget Plan’ for each person supported along with their designated financial
• Check the responsibility of the Landlord before proposing a tenant pays for home improvements
• Ensure guidelines for all utility bills are set up in the tenants’ joint names and paid in accordance with payment terms
• Operate robust financial monitoring procedures that demonstrate a clear audit trail and records all expenditure undertaken on behalf of supported person
• Co-operate with Court of Protection Visiting Officers and Appointees where people lack capacity to manage their financial affairs
• Ensure supported people have adequate contents insurance to protect their money and belongings where applicable
• Forward all financial related correspondence (following consultation with the person supported) received at the person’s house to the individuals designated advocate
• Support the completion of benefits application and claim forms
• Immediately inform the Manager and Provide or person who acts on behalf of the person of any concerns about the misuse of their finances and/or belongings
• Where a person supported regularly uses a shop that has a loyalty or points card (e.g. Boots or Tesco) the loyalty card must be in the person’s name and any reward gained via the card must be used for the benefit of that individual
• Records of “Returned goods” must be maintained