Legislation, National & Local Policies
Here you will find the Legislation and National policies linked to adult safeguarding.
The Care Act 2014
The Care Act 2014 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. Local authorities have new safeguarding duties. They must:
Any relevant person or organisation must provide information to Safeguarding Adults Boards as requested.
Care Act 2014 Statutory Guidance (Department of Health, 2016)
The legal framework for the Care Act 2014 is supported by this statutory guidance which provides information and guidance about how the Care Act works in practice. The guidance has statutory status which means that there is a legal duty to have regard to it when working with adults with needs of care and support and carers.
Like other London boroughs, Sutton adopted the London Multi-
Mental Capacity Act 2005 Code of Practice (Department of Constitutional Affairs, 2007)
The legal framework provided by the Mental Capacity Act 2005 is supported by this Code of Practice (the Code), which provides guidance and information about how the Act works in practice. The Code has statutory force, which means that certain categories of people have a legal duty to have regard to it when working with or caring for adults who may lack capacity to make decisions for themselves.
Government Statement of Policy on Adult Safeguarding (HM Government, 2013)
The document outlines the Government’s policy on safeguarding adults vulnerable to abuse and neglect. It includes the statement of principles for Local Authority Social Services and housing, health, the police and other agencies to use, for both developing and assessing the effectiveness of their local safeguarding arrangements. It also describes, in broad terms, the outcomes for adult safeguarding, for both individuals and organisations.
Safeguarding – roles and responsibilities in health and care services (Department of Health, Local Government Association, ADASS, NHS Confederation, Association of Chief Police Officers, 2013)
This guidance provides clarity about the roles and responsibilities of the key agencies involved in adult safeguarding. The aim is to ensure that the right things are done by the right people at the right time, working within their own agency and with partners.
Information Sharing Guidance (Department of Health)
This guidance supports good practice in information sharing by offering clarity on when and how information can be shared legally and professionally, in order to achieve improved outcomes. This guidance will be especially useful to support early intervention and preventative work where decisions about information sharing may be less clear than in safeguarding situations.
Commissioning for Better Outcomes (Department of Health, Local Government Association, ADASS, Think Local, Act Personal)
This guidance outlines standards to support a dynamic process of continuous improvement and, through self-
Prevention in Safeguarding (Social Care Institute of Excellence, 2011)
This guidance outlines a range of methods of preventing the abuse of vulnerable adults, from public awareness campaigns through to approaches that empower the individual to be able to recognise, address and report abuse. In addition, it examines policy and practice guidance and examples of emerging practice.
Making safeguarding personal -
The toolkit is set out in a modular format with a summary of key areas. These areas range from models, theories and approaches to skills and areas of specialism that safeguarding practitioners need to be aware of. It can be used as a practitioner guide for pointers on how to respond to individual cases, or as a starting point resource for service development. It has been designed as a resource that will develop over time and allow updates and amendments to be made as development takes place or innovative and effective practice comes to light.
Gaining access to an adult suspected to be at risk or abuse or neglect – a guide for social workers and managers in England (SCIE,2014)
This guide clarifies existing powers and legal options relating to access to adults suspected to be at risk of abuse or neglect where access is restricted or denied. It is intended as a source of ready reference rather than as a learning tool, laying out the potential routes to resolution. It is important that social workers and their managers are as clear as possible on which legal powers or options apply to which situations, and in cases of any uncertainty that they consult their senior managers and/or the legal department of the local authority. Throughout the guide there are inks to information on the relevant legislation and case law.