The Care Act 2014 offers further protection from abuse and neglect
The Care Act 2014 Protecting the Elderly
The Care Act 2014 finally came into force on the 6th April 2015. It replaces the old system. It puts the emphasis on the local authority to promote the individual’s well-being.
This wide-ranging term incorporates personal dignity, control (as far as possible) by the individual of his or her own life. It includes physical and emotional well-being, and facilitating domestic, family and personal relationships in the setting of suitable accommodation. On that basis, the Act should strengthen access to what should be better quality care.
The Care Act 2014, for the first time, sets out a clear legal framework for how local authorities and other parts of the health and care system should protect adults at risk of abuse or neglect.
“Adult safeguarding” is working with adults with care and support needs to keep them safe from abuse or neglect. The framework allows key organisations and individuals with responsibilities for adult safeguarding to agree on how they must work together and what roles they must play to keep adults at risk safe.
The Act requires local authorities to set up a Safeguarding Adults Board (SAB) in their area, giving these boards a clear basis in law for the first time.
The Act says that the SAB must:
• include the local authority, the NHS and the police, who should meet regularly to discuss and act upon local safeguarding issues
• develop shared plans for safeguarding, working with local people to decide how best to protect adults in vulnerable situations
• publish this safeguarding plan and report to the public annually on its progress, so that different organisations can make sure they are working together in the best way
Safeguarding Enquiries by Local Authorities
The Care Act 2014 states that enquiries must be made when a local authority thinks an adult with care and support needs may be at risk of abuse or neglect in their area. They must then find out what, if any, action may be needed.
This applies whether or not the authority is actually providing any care and support services to that adult.
Safeguarding Adult Reviews
If there is a death as a result of abuse or neglect the Act says that SABs must arrange a Safeguarding Adults Review.
The Reviews are about learning lessons for the future. They will make sure SABs get the full picture of what went wrong, so that all organisations involved can improve as a result.
It is hoped that prosecutions will follow from these case reviews.
If you are concerned about someone in care then contact us today on 0845 676 9228 or Dr Victoria Handley vhandley@handleylaw.co.uk
We care the most for those in care