Care Act 2014: the new legal
framework for adult safeguarding
Tim Spencer-Lane
PASUK BSAB seminar – 15 May 2014
Public law framework
Social care and NHS
legislation
Public health law
Mental health
and incapacity
legislation
Common law
and
public law
obligations
No Secrets
guidance
Other safeguarding law
 Regulation of health and social care
professionals
 Disclosure and barring service
 Care Quality Commission and the
regulation of care provision
 Whistle-blowing
 Criminal offences and civil torts
 anti-social behaviour civil injunctions
Care Bill 2013-14
Clause 1: Duty to promote individual well-being
1. physical and mental health, emotional well-being and personal dignity
2. protection from abuse and neglect
3. control over day-to-day life (including over care and support)
4. participation in work, education, training or recreation
5. social and economic well-being
6. domestic, family and personal relationships
7. Suitability of living accommodation
8. the individual’s contribution to society
Clause 1: well-being decision-making
Minimum
restrictions
Assumption that
the person is
the best judge of
their well-being
Individual
well-being
Protect
from abuse and
neglect
Balance with
well-being
of carers
The person’s
views, wishes and
feelings
Have regard to
all the adult’s
circumstances
Full participation
in decision making
Clauses 9-13: assessment and
eligibility
2. The process
for assessment

Duty to assess where adult appears to need
care and support

Right to refuse an assessment

New national Assessment regulations set at
“substantial”
Clause 42: safeguarding enquiries
The local authority must make enquires it considers
necessary (or cause enquiries to be made)
care and
support needs
abuse or
neglect
unable to
safeguard
themselves
Clause 42(3): financial abuse
 having money or other property stolen
 being defrauded
 being put under pressure in relation to
money or other property
 having money or other property misused
Clause 43 and schedule 2:
Safeguarding Adult Boards

Duty on local authority to establish an SAB

Objective is to help and protect adults at risk of
abuse or neglect

SAB may do anything necessary or desirable to
achieve this aim

NHS and police must nominate members with
required skills and experience

Statutory safeguarding adults reviews (clause 44)

Duty to provide information to an SAB (clause 45)
Safeguarding powers
Adult Social Care Project
Repeal of section 47 of the National
Assistance Act 1948
No new power of entry to speak to a
person at risk of abuse and neglect
Other reforms
Extended Human
Rights Act protection
Cap on care costs
and duty to provide
personal budgets
A new appeals process
against local authority
decisions
Duty to prevent needs for
care and support
Rights to advocacy
New rights to carer’s
assessments and
services
Duties to co-operate
and promote integration
Care and support in
prisons
Future developments
New No Secrets
guidance
Increased use of the
High Court to safeguard
adults?
Draft Regulation of
Health and Social Care
Professionals etc Bill
2014
Increased divergence
between the UK
countries on adult
safeguarding
My contact details:
Email
tim.spencer-lane@lawcommission.gsi.gov.uk
Website
www.lawcommission.justice.gov.uk