On this page you will find links to the legislative framework to the work we do.
Chapter 14 provides guidance on sections 42 to 46 of the Care Act 2014 and covers:
- adult safeguarding: what it is and why it matters
- abuse and neglect
- understanding what they are and spotting the signs
- reporting and responding to abuse and neglect
- carers and adult safeguarding
- adult safeguarding procedures
- local authority’s role and multi-agency working
- criminal offences and adult safeguarding
- safeguarding enquiries
- Safeguarding Adults Boards
- Safeguarding Adults Reviews
- information sharing, confidentiality and record keeping
- roles, responsibilities and training in local authorities, the NHS and other agencies
The Human Rights Act, particularly articles 8, 9, 10 and 14
Article 8 Right to respect for private and family life
1Everyone has the right to respect for his private and family life, his home and his correspondence.
2There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9 Freedom of thought, conscience and religion
1Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Article 10 Freedom of expression
1Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 14 Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Ill-treatment or wilful neglect: care worker offence
(1)It is an offence for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual.
(2)An individual guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both);
(b)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).
(3)“Care worker” means an individual who, as paid work, provides—
(a)health care for an adult or child, other than excluded health care, or
(b)social care for an adult, including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.
(4)An individual does something as “paid work” if he or she receives or is entitled to payment for doing it other than—
(a)payment in respect of the individual’s reasonable expenses,
(b)payment to which the individual is entitled as a foster parent,
(c)a benefit under social security legislation, or
(d)a payment made under arrangements under section 2 of the Employment and Training Act 1973 (arrangements to assist people to select, train for, obtain and retain employment).
NHS Explanation- What is the Mental Capacity Act?
Examples of people who may lack capacity include those with:
- a severe learning disability
- a brain injury
- a mental health illness
- a stroke
- unconsciousness caused by an anaesthetic or sudden accident
But just because a person has one of these health conditions doesn’t necessarily mean they lack the capacity to make a specific decision.
Someone can lack capacity to make some decisions (for example, to decide on complex financial issues) but still have the capacity to make other decisions (for example, to decide what items to buy at the local shop).
The MCA says:
- assume a person has the capacity to make a decision themselves, unless it’s proved otherwise
- wherever possible, help people to make their own decisions
- don’t treat a person as lacking the capacity to make a decision just because they make an unwise decision
- if you make a decision for someone who doesn’t have capacity, it must be in their best interests
- treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms
The MCA also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future.
The Mental Health Act says when you can be taken to hospital, kept there, and treated against your wishes. This can only happen if you have a mental disorder that puts you, or others, at risk.
You should only be detained under the Mental Health Act if there are no other ways to keep you, or others, safe.
Being detained under the Mental Health Act is sometimes called being ‘sectioned’, because the law has different sections.
Your rights under the Mental Health Act depend on which section you are detained under.