What legislation governs safeguarding?
What does ‘safeguarding an adult’ mean?
Some adults need extra help to be able to take care of themselves, and there are several reasons why.
When an adult is classified as vulnerable, it’s more likely someone could mistreat them or take advantage.
Safeguarding adults is a way to prevent any mistreatment, whether it be physical, emotional, mental, or financial.
It’s not enough to stop vulnerable adults from being harmed; they need to have opportunities to learn, develop and enjoy positive experiences.
What is safeguarding adults?
Some adults need extra help to be able to take care of themselves, and there are several reasons why.
When an adult is classified as vulnerable, it’s more likely someone could mistreat them or take advantage.
Safeguarding adults is a way to prevent any mistreatment, whether it be physical, emotional, mental, or financial.
It’s not enough to stop vulnerable adults from being harmed; they need to have opportunities to learn, develop and enjoy positive experiences.
What is safeguarding children?
The definition of safeguarding, according to the Working Together to Safeguard Children guidance, is:
● Protecting children from abuse and maltreatment
● Preventing harm to children’s health or development
● Ensuring children grow up with the provision of safe and effective care
● Taking action to enable all children and young people to have the best outcomes
What legislation governs safeguarding adults?
Safeguarding vulnerable adults is a major concern for health professionals in the UK, and consequently there is a requirement to have an understanding of their rights as well as your responsibilities towards them.
Acting in the best interests of a vulnerable person, while not overstepping boundaries, is integral to the system.
The main piece of legislation governing safeguarding adults is the Care Act 2014 which sets out a clear legal framework for how local authorities and other parts of the system should protect adults at risk of abuse or neglect.
The Care Act (2014)
Under the act, local authorities have safeguarding duties that have been created to protect vulnerable adults.
They must:
● Lead a multi-agency local adult safeguarding system that seeks to prevent abuse and neglect and stop it quickly when it happens.
● Make enquiries, or request others to make them, when they think an adult with care and support needs may be at risk of abuse or neglect and they need to find out what action may be needed.
● Establish Safeguarding Adults Boards, including the local authority, NHS and police, which will develop, share and implement a joint safeguarding strategy
● Carry out Safeguarding Adults Reviews when someone with care and support needs dies as a result of neglect or abuse, and there is a concern that the local authority or its partners could have done more to protect them.
● Arrange for an independent advocate to represent and support a person who is the subject of a safeguarding enquiry or review, if required.
Any relevant person or organisation must provide information to Safeguarding Adults Boards as requested.
Other relevant legislation regarding safeguarding adults:
Safeguarding Vulnerable Groups Act (2006)
This is a system whereby employers can check the suitability of employees or volunteers, to work with children or vulnerable adults.
It was established to try and solve failures identified by the 2004 Bichard Inquiry, which was carried out after media attention on the Soham murders when two young girls, Holly Marie Wells and Jessica Aimee Chapman, were murdered in Cambridgeshire by their school caretaker Ian Huntley.
Health and Social Care Act (2012)
The main element of this Act for safeguarding vulnerable adults is Regulation 13.
This section is there to protect adults within the health and social care systems from being abused.
There are also provisions that prevent restraints being used incorrectly, and removing someone’s liberty improperly.
Mental Capacity Act (2005)
Applying to anyone over the age of 16, the key principles of the Act are:
● Presumption of capacity
Until proven otherwise, it is assumed the adult can make their own choices.
● Support to make a decision
You can offer support to someone to make their own choices.
● Ability to make unwise decisions
This allows for mistakes as a poor or unwise decision doesn’t automatically mean someone lacks mental capacity.
● Best interest .
A person acting on behalf of someone considered to not have mental capacity must act in their best interests.
● Least restrictive
If you’re making choices for someone without mental capacity, you should always choose the least restrictive, but safe, option.
Equality Act (2010)
Under the Equality Act, there are nine protected characteristics. These are:
● Age
● Disability
● Gender reassignment
● Marriage and civil partnership
● Pregnancy and maternity
● Race
● Religion or belief
● Sex
● Sexual Orientation
When assessing whether a person is vulnerable, there can’t be any discrimination based around these characteristics – all choices, assessments, and decisions must be consistent.
Human Rights Act (1998)
This piece of legislation is very broad, with a total of 13 articles outlining everyone’s basic rights in law.
When it comes to safeguarding vulnerable adults, there are four articles that are directly relevant.
These are:
● Article 2 protects the right to life
● Article 3 affords freedom from degrading and inhumane treatment
● Article 5 enshrines the right to liberty and security
● Article 8 guarantees the right to a private life, family life, and a home life.
A person can seek legal recourse, or have someone go through the law on their behalf, if these rights are violated.
What are the main pieces of legislation I should be aware of when safeguarding children?
The Children Act (1989) (as amended)
The main aims of the act are as follows:
● To allow children to be healthy.
● Allowing children to remain safe in their environments.
● Helping children to enjoy life.
● Assisting children in their quest to succeed.
● Help make a contribution – a positive contribution – to the lives of children.
● Help achieve economic stability for our children’s futures.
The Children and Social Work Act (2017)
This Act is aimed at improving the support for looked-after children and care leavers, as well as promoting the welfare and safeguarding of children.
Working Together to Safeguard Children (2018)
This is a document which emphasises the importance of all the agencies involved working together.
It was created after many instances of children not being kept safe due to the failure of different agencies to communicate.
Keeping Children Safe in Education (2020)
This document outlines statutory guidance for keeping children safe in schools and colleges.
It is an update from the 2016 document, and is organised into five parts:
1. Safeguarding information for all staff – every member of staff needs to read this
2. The management of safeguarding
3. Safer recruitment
4. Allegations of abuse made against teachers and other staff
5. Child-on-child sexual violence and sexual harassment
There are also other pieces of legislation and guidelines that are also worth checking out.
These include:
GDPR and the Data Protection Act (2018)
This is all about protecting personal data.
Information Sharing: Advice for Practitioners (2018)
Information sharing is essential for effective safeguarding and promoting the welfare of children and young people.
It is a key factor identified in many serious case reviews (SCRs), where poor information sharing has resulted in missed opportunities to take action that keeps children and young people safe
Sexual Violence and Sexual Harassment Between Children in Schools and Colleges (guidance document) (2018)
Advice for schools and colleges on how to prevent and respond to reports of sexual violence and harassment between children.
Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations (2018)
Childcare Act (2006) (as amended in 2018)
If you wish to know more about qualifications aimed at safeguarding, then please don’t hesitate to get in touch with us at CBAT.