Differences in safeguarding
children and vulnerable adults
Rachael Clawson
Development Manager
Ann Craft Trust
Why have different policies?
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Issues for children and adults are not the
same
Definitions/terms used differ
Procedures for reporting abuse and handling
cases are not the same
Different legislation and policy
Having one policy can complicate matters
Definitions – Age and Myths
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Child: anyone who has not yet reached their
18th birthday
Vulnerable adult: 18 and above (from 18th
birthday)
Myths
Disabled children are covered by Children
Act 1989 until age 19
Children aged 16 and over who have left
home, are in the armed forced or in custody
are not protected under the Children Act.
Definition – child in need
Child in need - Children Act 1989 s.17 - child who is disabled
and/or unlikely to reach or maintain satisfactory level of
health/development or health/development will be significantly
impaired without provision of services
Child protection is part of safeguarding and promoting welfare.
Duty to investigate – Children Act 1989 s.47
Significant Harm – threshold which justifies compulsory
intervention in family life in the best interests of the child
Definition - ‘Vulnerable Adult’
“Vulnerable adult” is a term used to describe a person who is –
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an adult [aged 18 years and over]
AND
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who is or may be in need of community care services because of
frailty, learning or physical disability or mental health difficulty
AND
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who is or may be unable to take care of him or herself or take steps to
protect him or herself from significant harm or exploitation”.
[No Secrets 2000]
What is abuse and neglect? (child)
“Abuse and neglect are forms of maltreatment
of a child. Someone may abuse or neglect a
child by inflicting harm, or failing to act to
prevent harm. Children may be abused in a
family or institutional or community setting,
by those known to them or...a stranger...They
may be abused by an adult/adults or
child/children” (WT 2010 p37-8)
Categories of abuse - child
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Physical
Sexual
Emotional
Neglect
What is abuse and neglect? (VA)
‘Abuse is a violation of an individual’s human
and civil rights by any other person or
persons. It may consist of a single act or
repeated acts. It may be an act of neglect, or
omission, or it may occur when a vulnerable
person is persuaded to enter into a financial
or sexual transaction to which he or she has
not consented or cannot consent’
[No Secrets 2000]
Categories of abuse – vulnerable adult
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Physical
Sexual
Psychological/Mental/Emotional
Financial or Material
Neglect and Acts of Omission
Discriminatory
Institutional
Agencies involved in safeguarding
children
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Local authority – eg social care, housing,
education
Police Authority
Health – PCT, Hospital Trust
Probation Service
Youth Offending Service
Cafcass
Connexions
Agencies involved in safeguarding
vulnerable adults
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Police
Local Authority Adult Services
Multi-Agency Public Protection Agency
Housing Agencies
Health
Probation
Key Policy and Legislation – children
Safeguarding children is based in legislation and policy placing certain duties and
responsibilities on agencies to investigate and/or work together.
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Children Act 1989
Protection of Children Act 1999
Adoption and Children Act 2002
Every Child Matters 2003
National Service Framework 2004
Children Act 2004
Local Safeguarding Children Board functions
What to do if you are worried a child is being abused 2006
Children and Young People Act 2008
Laming reports
Working Together to Safeguard Children 2010
Key Policy and Legislation –
Vulnerable Adults
National Assistance Act [section 47]1948/1951
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Mental Health Act 1983/2007
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Police and Criminal Evidence Act 1984
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National Health Service and Community Care Act 1990
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Family Law Act 1996
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Human Rights Act 1998
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Care Standards Act 2000
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No Secrets 2000
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Sexual Offences Act 2003
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Domestic Violence Crime and Victims Act 2004
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Safeguarding Adults [ADASS] 2005
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Mental Capacity Act 2005/Deprivation of Liberty [April] 2009
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Safeguarding Vulnerable Groups Act 2006
There is no one specific piece of legislation in place designed to protect vulnerable
adults from harm (Eg nothing comparable to the Children Act 1989).
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Key documents – vulnerable adults
Multi-agency procedures incorporate the
following:
 ‘No Secrets’: Guidance on developing and
implementing multi-agency policies and
procedures to protect vulnerable adults from
abuse [2000]
 ‘Safeguarding Adults: A national framework
of standards for good practice and outcomes
in adult protection work’ [2005]
Consent issues - child
Safeguarding everybody’s business. If
concerns arise about a child these must be
reported to the local Children’s Services
team (Social Services) and/or police to
investigate. You do not need consent from
the child or parent/guardian although it is
good practice to inform them of any decision
to refer on unless this would put the child at
greater risk of harm.
Consent issues – vulnerable adult with
capacity to consent
If concerns arise consent must be obtained
from the individual concerned before a
referral is made to Adult Services or the
police. However, if others are at risk of harm
the information should be passed to Adult
Services or the police even if consent is not
obtained. Information about an individual
should not be given to family or carers
without consent of the individual.
Consent issues – vulnerable adult
without capacity to consent
If concerns arise and the individual is unable to
give consent to information being shared a
referral should be made to Adult Services
and/or the police.
Family/carers should be informed if they are
involved in the individual’s life and not
implicated in any way.
Case study
For more information….
Rachael Clawson
Development Manager
Ann Craft Trust
University Park
Ann Craft Trust
Nottingham
NG7 2RD
T: 0115 9515400
E: rachael.clawson@nottingham.ac.uk