This guide will you help you answer The Care Certificate Standard 10.4a List relevant legislation, local and national policies and procedures which relate to safeguarding adults
It is imperative to recognise and adhere to the legislative framework, both local and national, which governs the safeguarding of adults. This framework ensures the protection and welfare of adults who might be at risk of harm or abuse. The following encapsulates the key legislation, policies, and procedures pertinent to safeguarding adults:
Relevant Legislation
- Care Act 2014: This is the cornerstone of adult safeguarding legislation in England. It places a duty on local authorities to enquire, or ensure others do so, if there is reasonable cause to suspect an adult is at risk of abuse or neglect. It also establishes Safeguarding Adults Boards in each local authority area.
- Mental Capacity Act 2005: Protects and empowers individuals who may lack the mental capacity to make decisions about their care and treatment. It provides a framework for making decisions on behalf of others in their best interest and includes important safeguards such as Deprivation of Liberty Safeguards (DoLS).
- Safeguarding Vulnerable Groups Act 2006: Establishes the framework for the Vetting and Barring Scheme to ensure that persons who are considered unsuitable to work with vulnerable adults are identified and prevented from doing so.
- Human Rights Act 1998: Ensures that every adult, regardless of their situation, is entitled to fundamental rights, including the right to live free from abuse and neglect.
- Equality Act 2010: Protects individuals from discrimination, harassment, and victimisation in many settings, including health and social care environments. This act supports the rights of adults to receive safeguarding support irrespective of their protected characteristics.
National Policies
- Making Safeguarding Personal (MSP): An initiative aimed at ensuring safeguarding is person-centred and outcomes-focused. It encourages working with individuals to enable them to take control of their own lives, enhancing the effectiveness of safeguarding processes.
- No Secrets” Government Guidance: Although it was partially superseded by the Care Act 2014, it remains foundational in providing guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse.
- Transforming Care Programme: Focuses on improving services for people with learning disabilities and/or autism, including those who are at risk.
Local Policies and Procedures
- Local Safeguarding Adults Boards (LSABs): Every local authority is required to establish an LSAB which develops, implements, and regularly reviews multi-agency safeguarding policies and procedures. They ensure there is a coordinated approach to safeguarding across local services.
- Multi-Agency Safeguarding Procedures: These are local detailed procedural guidelines that set out the roles, responsibilities, and actions required by different agencies and professionals in safeguarding adults.
- Adult Protection Policies by Local Authorities: Local councils have their protocols to prevent abuse and neglect, which might encompass procedures for reporting concerns, conducting enquiries, and developing safeguarding plans.
- Health and Care Provider Policies: Individual health and social care organisations will have internal safeguarding policies and procedures. These typically cover staff responsibilities, recognising and reporting abuse, training requirements, and ensuring compliance with national and local guidelines.
Additional Frameworks and Bodies
- CQC Safeguarding Protocols: The Care Quality Commission (CQC) monitors, inspects, and regulates services to ensure they meet fundamental standards of quality and safety, including safeguarding adults.
- Police and Criminal Evidence Act (PACE) 1984: Although primarily about policing, it includes provisions regarding the treatment of individuals during investigations, which can be relevant in safeguarding cases.
Example answers for activity 10.4a List relevant legislation, local and national policies and procedures which relate to safeguarding adults
Here are some example answers to questions a care worker might encounter regarding safeguarding adults, as stipulated by The Care Certificate Standard 10.4a.
Example Answers for a Care Worker:
Example answer 1:
“Certainly, some of the key pieces of legislation relevant to safeguarding adults include the Care Act 2014, which outlines the responsibilities of local authorities to safeguard adults at risk. The Mental Capacity Act 2005 is another crucial piece of legislation, ensuring that individuals who may lack the capacity to make their own decisions are protected and supported. Additionally, the Safeguarding Vulnerable Groups Act 2006 helps prevent unsuitable individuals from working with vulnerable adults, while the Human Rights Act 1998 ensures that every person is entitled to fundamental rights, including protection from abuse. Lastly, the Equality Act 2010 protects individuals from discrimination, ensuring that safeguarding measures are inclusive.”
Example answer 2:
“Local and national policies provide a structured framework that guides our actions in safeguarding adults. For example, the ‘Making Safeguarding Personal’ initiative ensures that our approach is person-centred, which aligns with our goal to give adults more control and improve their outcomes. Locally, our Safeguarding Adults Board (LSAB) has procedures that outline our roles and responses in cases of suspected abuse or neglect. These procedures help ensure that we work cohesively with other agencies, such as the police and healthcare providers, to safeguard adults effectively. National policies like ‘No Secrets’ and the guidelines from the Care Quality Commission (CQC) also standardise good practice, which further informs and supports my work in delivering safe and respectful care.”
Example answer 3:
“If I suspect that an adult is being abused or neglected, I have a clear duty to act immediately. First, I would ensure the immediate safety of the person if they are in immediate danger. Next, I would report my concerns to my line manager or the designated safeguarding lead within our organisation, following our internal safeguarding policy. Details of the incident or suspicion would be recorded accurately, ensuring confidentiality is respected. Depending on the severity of the situation, I might also need to contact external agencies such as the local Safeguarding Adults Board or the police. It is essential to follow the procedural guidelines that align with both our organisational policies and the local authority’s multi-agency safeguarding procedures.”
Example answer 4:
“The Mental Capacity Act 2005 plays a significant role in my safeguarding practices by providing a framework for making decisions on behalf of individuals who may lack the capacity to do so themselves. Under this act, I must always presume that an adult has capacity unless it’s proven otherwise. If it’s determined that the individual lacks capacity, any decision made on their behalf must be in their best interest and reflect the least restrictive option to their rights and freedom. When dealing with safeguarding issues, I must consider whether the individual is capable of understanding the risks and making informed decisions about their own safety. This act ensures that the individual’s rights and dignity are respected throughout the safeguarding process.”
Example answer 5:
“Certainly. Recently, I was involved in a case where an elderly gentleman was living in conditions that raised concerns about self-neglect. Instead of imposing a solution, we adopted the ‘Making Safeguarding Personal’ approach. We began by having a conversation with him about his situation, asking about his preferences and what he wanted to achieve. He expressed that his priority was to stay in his own home rather than moving to a care facility. We then worked together to develop a plan that included regular home visits, assistance with housekeeping, and access to community resources to ensure his wellbeing while respecting his wishes. This person-centred approach not only addressed the safeguarding concern but also supported his independence and autonomy.”
These example answers demonstrate the comprehensive understanding and application of relevant legislation, policies, and procedures in safeguarding adults, central to the role of a care worker.
Conclusion
Adhering to these legislations, policies, and procedures is important in safeguarding adults effectively. It is not only about compliance but ensuring that every adult at risk of abuse or neglect receives the protection and care they need. As care providers, remaining knowledgeable and vigilant about these guidelines helps in fostering safer and more supportive environments for vulnerable individuals.
