“Your advice and clarity were invaluable in what was a very complex matter. The result has given both my mother and myself peace of mind.”
‘Emily’, Safeguarding Client
Safeguarding is about protecting an adult’s right to live safely, free from abuse and neglect and to promote their well-being. In circumstances where an adult is unable to protect themselves, because they have care and support needs, the Care Act places certain duties on Social Services to take steps to protect that adult.
Where social services have reasonable belief that an adult may be experiencing, or is at risk of, abuse or neglect, the Care Act 2014 requires it to:
Safeguarding will often – but not always – involve an adult who lacks the mental capacity to make decisions about their care and support, and/or finances,for themselves. In these instances, Social Services will become involved to ensure that any decisions that need to be made are taken appropriately and in accordance with the Mental Capacity Act 2005 and that the adult is safeguarded.
However, adults with capacity or fluctuating mental capacity may also need the protection of safeguarding and social services still have a responsibility to take action under their safeguarding duties. However, social services can sometimes be more reluctant to investigate in circumstances where they perceive that a person “should” be able to make decisions for themselves. It may therefore be necessary to apply pressure on social services to play a more proactive and/or more timely role where an adult is potentially being exploited or manipulated in circumstances where there are questions about their ability to make decisions for themselves or where social services perceive that the cause is a family dispute.
The Care Act 2014 Statutory Guidance defines “abuse and neglect” as:
If you suspect that an adult that you know with care and support needs is being subjected to any of the above, then you should notify your Local Authority’s Safeguarding Team who should then take steps to look into the matter.
Our Community Care Team advise:
We can advise and help if:
If you need help with a safeguarding investigation or need assistance with taking steps to protect a potentially vulnerable adult, contact our team of community care lawyers today on 01273 609911, or email firstname.lastname@example.org.