Safeguarding

Safeguarding enquiries are opened by a local authority where the local authority suspect that an adult with care and support needs is experiencing or at risk of abuse and neglect. The adult may be unable to protect themselves due to their care and support needs.

The local authority, under the Care Act 2014, are able to make enquiries to establish any actions needed to protect the individual. Sometimes these enquiries are named ‘Section 42 enquiries’, as they are described in section 42 of the Care Act 2014. In serious cases, ‘Safeguarding Adult Reviews’ (SARs) are coordinated where a person may have been seriously abused or neglected or died as a result of abuse or neglect. These SARs are designed to identify lessens learned and apply these to future cases. 

Sometimes, when people hear the words ‘safeguarding concern’ they automatically think the worst. However, a safeguarding enquiry can be a positive thing as it is a formal process to investigate any concerns and put additional safety measures in place to protect individuals from abuse and neglect.

Safeguarding enquiries can therefore help to improve care and support for our loved ones and highlight areas for improvement. If you are concerned about your loved one, speaking to the person or department investigating the concerns to ask what is happening and what to expect can help.

The Care Act 2014 states that the local authority must arrange for an ‘independent advocate’ to support the adult to whom the safeguarding enquiry relates if that person would have substantial difficulty without.

The person would have substantial difficulty in one or more areas including understanding relevant information, retaining that information, using or weighing up that and communicating their views, wishes or feelings. Just because an advocate is involved, it doesn’t mean that a person’s loved ones, deputies or Power of Attorney’s won’t be consulted as part of the process. 

Solicitors are instructed in safeguarding cases where the individual at risk requires someone to represent their views and wishes through a court process, where the person lacks capacity. This could be where the local authority are proposing that certain restrictions are put in place or to move someone to prevent/reduce the risk of harm.  Sometimes this results in an application for a ‘Deprivation of Liberty’ (DoL) to be ordered by the court or for the court to authorise the person to be moved into residential accommodation. Deputyship applications where someone lacks capacity and their finances need to be safeguarded are also dealt with by the Court of Protection. 

Solicitors are also instructed by people who have been accused of abuse or neglect and wish to challenge this accusation and proposed safeguarding measures. Solicitors can support individuals to present their views so that they can be considered when key decisions are made about their loved ones.