1.1 Explain the current legislative framework and national guidance that underpins the safeguarding of adults

This guide will help you answer 1.1 Explain the current legislative framework and national guidance that underpins the safeguarding of adults.

The protection of adults who may be at risk of harm or abuse is a legal obligation across all adult care services. Leadership and management roles require you to follow precise laws and guidance to keep people safe. Laws set out what must happen, while guidance offers advice on best practice.

Safeguarding refers to protecting adults from abuse or neglect and promoting their well-being. Adult safeguarding applies to anyone aged 18 or over who may need care and support and who may be unable to protect themselves.

In England, safeguarding duties are set by key legislation and guidance.

The Care Act 2014

The Care Act 2014 is the primary law in England for adult social care. Part 1 of the Act brings in key rules about safeguarding adults.

The Act requires all local authorities to protect adults who:

• Have care and support needs
• Are experiencing, or are at risk of abuse or neglect
• Cannot protect themselves because of their care and support needs

Section 42 sets out the legal duty to carry out safeguarding enquiries when concerns are raised. The local authority must check what action is needed, and may take steps to end or prevent harm. Sometimes partner organisations, such as the NHS or police, will lead these enquiries.

Other Care Act requirements include:

• Promoting an individual’s well-being, dignity, and control over their lives
• Asking for the person’s wishes and views in all decisions
• Cooperating with other local agencies, such as clinical commissioning groups (CCGs), NHS trusts, police and housing

The Act establishes the responsibility of the local authority to lead safeguarding adult work, supported by other agencies.

Safeguarding Adult Boards (SABs)

Each local authority must set up a Safeguarding Adults Board. This is a multi-agency group that plans, oversees, and improves safeguarding across the region. The board includes social services, NHS, police, advocacy, and local service providers.

The SAB:

• Reviews serious cases to learn lessons (Safeguarding Adult Reviews)
• Sets local policy and guidance
• Monitors the effectiveness of local safeguarding arrangements

Mental Capacity Act 2005

This law protects people who cannot make all or some decisions for themselves. This could be short-term (e.g., after illness or injury), or long-term (due to a learning disability or dementia).

The Act has key principles:

• Always presume a person can make their own decisions, unless proven otherwise
• Support people to make their own decisions wherever possible
• Allow people to take risks if they can make decisions, even if others see those decisions as unwise
• If someone lacks capacity, any decision on their behalf must be in their best interests and must be the least restrictive option

The Mental Capacity Act and its guidance mean staff must involve individuals in safeguarding plans. If a person cannot make decisions about the safeguarding process, staff must seek input from others (such as family, advocates, or an Independent Mental Capacity Advocate [IMCA]).

Deprivation of Liberty Safeguards (DoLS)

These are rules under the Mental Capacity Act to make sure no one is restricted in their freedom (deprived of liberty) without good reason and clear legal process. This typically applies in care homes or hospitals when a person lacks capacity.

DoLS safeguards have a special application when protecting people who may be at risk of harm. Approvals are required when a person will be under continuous supervision and cannot leave freely.

Human Rights Act 1998

Every person in the UK is protected by the Human Rights Act. It makes the European Convention on Human Rights part of UK law.

Key rights relevant in safeguarding include:

• Right to life
• Right to freedom from torture or inhuman treatment
• Right to liberty and security
• Right to respect for private and family life

When planning care and responding to abuse, decisions must not breach these rights. Adult care providers are “public bodies” under the law and have a duty to respect these rights in all work.

People must not be treated in a degrading, abusive or neglectful way. Restrictions on freedom, such as restraint or locked doors, must be justified and legally authorised.

Equality Act 2010

This Act protects people from discrimination on grounds such as age, disability, race, religion, and sexual orientation.

It has a direct link to safeguarding. Many adults at risk have characteristics protected under this law. Discriminatory abuse, such as verbal abuse or failure to meet needs, can be both safeguarding and equality law breaches.

Services must treat every person with fairness and respect, making adjustments so people with disabilities can access care safely.

Domestic Abuse Act 2021

This Act widens the definition of domestic abuse. It makes clear that not just physical violence, but also emotional, controlling, or economic abuse are included.

Adults with care or support needs may be especially vulnerable to domestic abuse. This law stresses multi-agency working, sharing information safely, and making referrals where domestic violence or coercion is suspected.

Serious Crime Act 2015: Abuse and Neglect

Section 76 of the Act introduced the offence of controlling or coercive behaviour in relationships. Again, adult care services have a role in recognising when service users may be experiencing this type of abuse, and raising concerns as needed.

Willful neglect and ill-treatment of adults lacking mental capacity is a separate criminal offence under the Mental Capacity Act and the Criminal Justice and Courts Act 2015.

Fundamental Standards – Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

CQC (Care Quality Commission) oversees these regulations. The “Fundamental Standards” require care providers to meet:

• Safety
• Respect
• Dignity
• Protection from harm and abuse

Providers must:

• Prevent service users from suffering abuse or improper treatment
• Have appropriate systems and policies to report abuse or neglect
• Train staff in safeguarding

Not meeting these standards can lead to investigations, fines, or closure.

National Guidance

Alongside law, national guidance sets out best practice on how to keep adults safe.

Care and Support Statutory Guidance (DoHSC)

This statutory guidance supports the implementation of the Care Act 2014. “Statutory” means organisations must have regard to it, or justify any decision to act differently.

The guidance explains how authorities and providers are expected to:

• Apply the six safeguarding principles (explained further below)
• Follow process for raising and responding to concerns (safeguarding alerts, Section 42 enquiries)
• Involve the person at every stage (“Making Safeguarding Personal”)

Six Principles of Adult Safeguarding

The statutory guidance describes six core ideas. These guide every safeguarding action:

1. Empowerment – Support people to make their own choices and provide informed consent.
2. Prevention – Prevent harm and reduce the risk of abuse by early action.
3. Proportionality – Take the least intrusive response appropriate to the risk.
4. Protection – Support and represent those in greatest need.
5. Partnership – Work with local communities, families, and organisations to identify and respond to abuse.
6. Accountability – Staff must be transparent and responsible for their actions.

Every policy, procedure and decision should reflect these principles.

Making Safeguarding Personal (MSP)

MSP is promoted across all adult safeguarding policy. It encourages putting the individual at the centre, asking what they want to happen, listening to their views, and working with them on the solution.

This approach means:

• Not making assumptions about what is best
• Holding safeguarding discussions with the person
• Agreeing, where possible, on the outcomes they want

Multi-Agency Policies and Procedures

The Association of Directors of Adult Social Services (ADASS) and Local Government Association (LGA) release guidance and frameworks. These help managers build coordinated responses across health, police, local authority, housing, and other partners.

Each region will have a local Safeguarding Adults Board with its own procedures. These protocols may include:

• Raising and recording safeguarding concerns
• Effective information sharing between agencies
• Threshold guidance for when to raise an alert
• Cross-border arrangements if a person moves location
• Escalation procedures for disagreements or blockages

CQC (Care Quality Commission) Guidance

CQC is England’s regulator for care services. It provides guidance that spells out providers’ duty to keep people safe. Managers must demonstrate safe care, appropriate risk assessment, full staff training and open reporting systems.

CQC will investigate services where staff do not follow legal duties or best practice on safeguarding.

The Manager’s Responsibilities in Safeguarding Adults

People in leadership and management roles set standards for safeguarding. You have a duty to:

• Know the law and guidance relevant to your setting.
• Develop and update safeguarding policies for your organisation.
• Train staff to spot signs of abuse or neglect.
• Promote a safe, open culture where staff and people who use services can raise concerns.
• Make sure staff follow safe recruitment practices, including Disclosure and Barring Service (DBS) checks.
• Report and record all safeguarding concerns following legal and local protocols.
• Take part in local safeguarding processes, such as Section 42 enquiries, where requested.
• Support the person experiencing, or at risk of, abuse to take part in decisions about them.
• Make sure your service has links with local Safeguarding Adults Boards and other partners.

Failing to meet these obligations can lead to criminal or regulatory investigations, legal action, and harm to the people in your care.

Whistleblowing and Protection for Workers

The Public Interest Disclosure Act 1998 protects staff who raise concerns (“whistleblow”) about abuse, unsafe practice, or neglect. Staff should feel confident that they will not face punishment or dismissal for raising a safeguarding issue.

Every care provider must have a clear whistleblowing policy and make sure every staff member understands how to use it.

Information Sharing

Safeguarding adults often means sharing information with other agencies. Legal duties to share information safely are set out in various laws and in statutory guidance.

Key points include:

• Share information on a need-to-know basis only.
• Get consent from the person where possible, unless seeking consent would put them or others at risk.
• Keep accurate records of what was shared, how, and with whom.
• Follow the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

Learning from Serious Cases

Local Safeguarding Adults Boards carry out reviews when an adult dies or is seriously harmed and abuse or neglect is suspected. Learning from these reviews must be used to improve policy and staff training.

Final Thoughts

The legislative framework and national guidance in England set strict duties for all adult care providers and leaders. These rules are designed to protect adults from harm and promote their rights, dignity, and well-being. As a manager, your role is to follow both the letter and spirit of these laws and guidance, lead your team in safe practice, and put the person at the heart of every decision.

This strong legal and policy base means adults receiving care have clear rights to be safe, included, and respected. Services must work in partnership with them and other agencies to prevent, spot, and stop abuse wherever it occurs.