The starting point for adult safeguarding is the Care Act 2014 in England or the Social Services and Well-being (Wales) Act 2014 in Wales. This legislation requires enquiries to be made in safeguarding cases and a decision on what action to take. But safeguarding is not limited to this legislation. Safeguarding powers exist in other statutory provisions, such as the Mental Capacity Act 2005, as well as the common law.

This means that adult safeguarding practitioners will need to have an awareness of many different areas of law. This session will look at the overall legal framework and some of the legal issues that commonly arise in the context of adult safeguarding.

Learning outcomes:

• The three criteria that trigger an adult safeguarding enquiries duty and how they are defined

• The importance of the Human Rights Act 1998 in framing adult safeguarding

• The different safeguarding powers available to health and social care practitioners

Tim will host this session live via video link.

Safeguarding adult reviews (SARs) are vital in order to promote learning and improve practice. This session will explore the key messages to emerge from the second national analysis of SARs.

Learning outcomes

• When should SARs take place and how should they be conducted?

• Key recommendations from the second national analysis of SARs

• What happens next?

The inherent jurisdiction of the High Court exists to fill gaps left by the law, in order to protect vulnerable adults, which can include people who have the relevant decision-making capacity. This session will analyse key case law in relation to the inherent jurisdiction and outline points for practice.

Learning outcomes:

• What the inherent jurisdiction can and cannot do in relation to safeguarding adults

• What makes an adult ‘vulnerable’ under the terms of the inherent jurisdiction

• What to consider when making an application under the inherent jurisdiction

Good food and networking

The consideration of mental capacity can be crucial at all stages of safeguarding adults procedures. The Mental Capacity Act 2005 provides a framework for decision making to balance independence and protection.

An increasingly key area in safeguarding involves working with adults who do have mental capacity to make relevant decisions. It is important to ensure that, as far as possible, they are not excluded from adult safeguarding.

Learning outcomes:

• What challenges arise when assessing capacity in safeguarding cases?

• How does the best interests principle relate to adult safeguarding?

• The powers of the Court of Protection in safeguarding cases.

The care and support statutory guidance for the Care Act formally recognises self-neglect – including hoarding – as a category of abuse and neglect. So, an adult who self-neglects, in whatever form, may come to the attention of the local authority through a safeguarding referral. This session will help practitioners navigate the complex ethical dilemmas when deciding whether or not to intervene in a person’s situation.

Learning outcomes:

• How to ensure a balance between safeguarding and an individual’s human rights

• How is the Mental Capacity Act relevant in cases of self-neglect?

• The options available when an individual is not ready, willing or able to engage with services