The safeguarding aspects of the Care Act 2014 and related statutory guidance – implications for housing

and housing support providers

Imogen ParryIndependent safeguarding adults consultant, researcher and trainer for the housing sector

Co-chair of the Housing and Safeguarding Adults Alliance

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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

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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

• 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

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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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