Legal Framework

The Care Act 2014

Care Act 2014 sets out a clear legal framework for how local authorities and other statutory agencies should protect adults with care and support needs at risk of abuse or neglect.

Sections 42-47 of the Act set out the statutory framework for working with adult safeguarding. This replaced ‘No Secrets’ guidance, which was the previous point of reference for this area of practice.

Section 42 – Enquiry by Local Authority

Section 43 – Safeguarding Adults Boards

Section 44 – Safeguarding Adults Reviews

Section 45 – Supply of Information

Section 46 – abolition of Local Authority Power to remove person’s in need of care

Section 47 – Protecting Property of Adults Being Care for Away From Home

The Safeguarding Adults Board has the responsibility to ensure a robust, proportionate, timely and professional approach is taken when adults with care and support needs are at risk of or experiencing abuse or neglect.

Core members of the Safeguarding Adults Board are the Local Authority, Integrated Care Board and Police. Safeguarding Adults Boards must arrange Safeguarding Adults Reviews as per defined criteria, publish a strategic plan and an annual report.

Developing multi-agency safeguarding policies and procedures that apply to safeguarding adults with care and support needs is a requirement of all Safeguarding Adults Boards. Increased awareness and improved collaboration between agencies are essential to improving prevention and responsiveness to abuse and neglect.

Mental Capacity Act 2005

The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. These can be small decisions – such as what clothes to wear – or major decisions, such as where to live, or what actions are taken if abuse or neglect has occurred. The Act sets out who can take decisions, in which situations, and how they should go about this.

In some cases, people lack the capacity to consent to particular treatment or care that is recognised by others as being in their best interests, or which will protect them from harm. Where this care might involve depriving a person with care and support needs of their liberty in either a care home or a hospital, the Deprivation of Liberty Safeguards exist to protect their rights and ensure the care or treatment they receive and where they receive it, is in their best interests. Where a person is deprived of their liberty whilst living in the community (for example in their own home or supported living), then the same safeguards will be delivered through the Court of Protection.

Human Rights Act 1998

The Human Rights Act 1998 applies to all public authorities and other bodies performing public functions. These organisations must comply with the Act – and individual’s human rights – when providing a service or making decisions that have a decisive impact upon an individual’s rights. The Care Act 2014 extends the scope of the Human Rights Act 1998. This incorporates registered care providers, providing care and support to an adult, or support to a carer, where the care and support is arranged or funded by the local authority (including Direct Payment situations).

Although the Act does not apply to private individuals or companies (except where they are providing public functions), sometimes a public authority has a duty to stop people or companies abusing an individual’s human rights.

The Human Rights Act covers everyone in the United Kingdom, regardless of citizenship or immigration status. Anyone who is in the UK for any reason is protected by the provisions.