The safeguarding aspects of the
Care Act 2014 and related statutory
guidance – implications for housing
and housing support providers
Imogen Parry
Independent safeguarding adults consultant,
researcher and trainer for the housing sector
Co-chair of the Housing and Safeguarding Adults
Alliance
1
The limitations of
‘No Secrets’ 2000
• Statutory guidance – not legislation
• Preceded the Mental Capacity Act 2005, much
case law arising from the Human Rights Act 1998,
DoLS
• Referred to ‘vulnerable adults’ and ‘adult
protection’ not ‘adult at risk’ or ‘safeguarding’
• Focus on processes and procedures, contributed
to ‘risk aversion’ not personalisation or outcomes
• Lack of clarity about differences between poor
practice, abuse, crime
• ‘Only’ sheltered and supported housing staff
included
2
Statements of Government
Policy on Adult Safeguarding
• Issued in May 2011 and May 2013
• Set out adult safeguarding principles:
– Empowerment – presumption of person led decisions and
informed consent
– Prevention – it is better to take action before harm occurs
– Proportionality – proportionate and least intrusive response
appropriate to the risk presented
– Protection – support and representation for those in greatest
need
– Partnership – local solutions through services working with their
communities. Communities have a part to play in preventing,
detecting and reporting abuse
– Accountability – accountability and transparency in delivering
safeguarding
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The Care Act 2014 - safeguarding sections 42 - 45
• New duty for local authority to carry out enquiries (or
cause others to) where it suspects an adult is at risk of
abuse or neglect.
• Requirement for all areas to establish a Safeguarding
Adults Board (SAB)
• SABs to carry out safeguarding adults reviews (SARs)
• New ability for SABs to require information sharing
from other partners to support SARs or other
functions.
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The Care Act 2014 – other sections and guidance
relevant to safeguarding adults
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Well-being
Co-operation
Prevention focus
Advocates
Wide scope for what constitutes abuse or
neglect
• Self-neglect included in list of types of
abuse for the first time
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Does the Care Act go far enough to
safeguard adults? (1)
• The Care Act is a major improvement on
‘No Secrets’
• But there:
• are resource concerns
• is no power of entry or duty to report despite
much lobbying and debate
• may be insufficient ‘teeth’ for SABs to be
effective
6
Does the Care Act go far enough
to safeguard adults? (2)
• is a lack of clarity about thresholds and
sometimes an absence of systems for low level
concerns
• are insufficient references to the need to make
links with other issues such as domestic
abuse, hate crime and ASB
• is a lack of clarity about consent issues
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The Care Act draft statutory guidance for
adult safeguarding – housing implications (1)
• 14 references to housing providers, housing
support providers
• Agencies should identify a senior manager to take
a lead role in organisational and inter-agency
safeguarding arrangements
• Although not a statutory member of SABs,
housing providers and housing support providers
may be invited
• Housing support workers may be asked to ‘make
enquiries’
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The Care Act draft statutory guidance for
adult safeguarding – housing implications (2)
• All housing providers and housing support
providers should have clear operational policies
and procedures in adult safeguarding
• All housing staff must be:
• familiar with the six principles underpinning
adult safeguarding
• trained in recognising the symptoms of abuse
• vigilant and able to respond to adult
safeguarding concerns
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