Section 42 of the Care Act 2014 (external link) requires that each local authority must make enquiries (or cause others to do so) if it believes an adult is experiencing, or is at risk of, abuse or neglect.
This applies where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there):
- Has needs for care and support (whether or not the authority is meeting any of those needs),
- Is experiencing, or is at risk of, abuse or neglect, and
- As a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it (Care Act 2014, section 42).
When an allegation about abuse or neglect has been made, enquiries are led by a Social Worker to find out what has happened. The enquiry will seek to establish whether any action needs to be taken to prevent or stop abuse or neglect, and if so, by whom.
The Social Worker will work with the person the concern is about, and where appropriate other people that are important to them, and sometimes an Advocate will be involved to support the person too.
The Social Worker will usually work with a range of different partners such as health professionals, police and care providers to gather information and where appropriate work collaboratively to safeguard the individual and prevent a reoccurrence.
The findings from the enquiry are used to decide whether abuse has taken place and whether the adult at risk needs a Safeguarding Plan.
A Safeguarding Plan is a list of arrangements developed with the person and with input from partners that are required to keep the person as safe as possible whilst acknowledging that we all choose to take some risks in our lives where we see a benefit to doing so.
We aim to prevent a reoccurrence of the circumstances which led to harm.
Purpose of a safeguarding enquiry
The core purpose of a safeguarding enquiry is to decide what action is needed to help and protect the vulnerable adult at risk of abuse or neglect.
The aims are establish :
- Key facts about an incident(s)/allegation
- Adult’s views, wishes and desires for the outcome of the enquiry
- Assess the needs of the vulnerable person and support how these needs can be met to protect them
- Protect the adult from the abuse and neglect
- Others are at risk of harm
- Actions to be undertaken with regard to the person or organisation responsible for the abuse or neglect
- Support the adult in feeling safe and achieving the outcomes of resolution.
An enquiry can involve a range of activities appropriate to the circumstances presented. An enquiry can involve interviews with people as witnesses or involved in the incident. It will also involve a review of records, policies and procedures.
In some circumstances, other enquiries are also required under other procedures. If a criminal offence is suspected, the police may also undertake an investigation and this would take priority. We understand that a safeguarding process can be distressing due to its nature, and we aim to be flexible and supportive in how we carry out the statutory process.
In circumstances where the person accused of abuse or neglect is an employee, the organisation's disciplinary or Person in a Position of Trust (PIPOT) process is likely to be required. Additionally, this may also require the need for an internal incident investigation.
Who can raise a safeguarding concern
Anyone can raise a concern about a vulnerable adult with care and support needs who is at risk of abuse or neglect.
This may be the person themselves, a family member or friend, a carer, a professional working with adults with care and support needs.
Alternatively, if a person has contacted other professionals (such as the police, health services or voluntary organisations) and there is concern that abuse is taking place, those agencies will also raise a concern. Where the concern is not a self referral, we would expect that the person raising the concern would seek consent of the person they are referring, unless exceptional circumstances make this not possible.