In this guide we explore the Care Act 2014 safeguarding principles and how they influence best practices in adult care. We share two thought-provoking case studies to illustrate why the principles of the Act must be upheld to protect the lives of vulnerable people.
Summary – what is the Care Act 2014?
The Care Act 2014 is a core piece of legislation in England that aims to ensure adult social care is accessible, equitable, and effective. The Act focuses on safeguarding vulnerable (or ‘at risk’) adults, ensuring their safety and wellbeing while fostering their independence and dignity.
The Act, which consolidates and replaces older laws, including the National Assistance Act 1948 and the Carers (Recognition and Services) Act 1995, applies to vulnerable adults (aged 18 and over).
Vulnerable adults are individuals who may be unable to protect themselves from harm, abuse, or neglect due to their physical or mental disabilities coupled with their care and support needs.
The Care Act 2014 safeguarding adults framework:
- Establishes safeguarding as a statutory duty for local authorities.
- Defines who is at risk and outlines their rights.
- Encourages prevention and early intervention.
- Focuses on person-centred care, empowering individuals to make decisions.
- Promotes multi-agency collaboration to deliver effective safeguarding measures.
Who is protected under the Act?
The Care Act 2014 safeguarding duties protect vulnerable or ‘at risk’ adults who:
- Have care and support needs.
- Are experiencing, or are at risk of, abuse or neglect.
- Are unable to protect themselves because of their care and support needs.
Local authorities must lead safeguarding efforts, but they are also required to work collaboratively with other organisations, including healthcare providers, housing services, and law enforcement.
What is ‘safeguarding’?
Safeguarding refers to the actions taken to protect individuals, particularly vulnerable adults and children, from harm, abuse, neglect, and exploitation. It involves creating a safe environment that promotes health, wellbeing, and dignity, ensuring individuals can live free from abuse or harm.
Safeguarding also means empowering individuals to make informed choices and enabling them to access the support they need to protect themselves. It requires collaboration among organisations, professionals, and communities to identify risks and intervene appropriately when safeguarding concerns arise.
Who is responsible for safeguarding adults under the Act?
Under the Care Act 2014, local authorities in England hold the primary responsibility for safeguarding adults. They must take the lead in identifying, preventing, and responding to abuse and neglect.
However, safeguarding is a shared responsibility that involves collaboration with various organisations and individuals to ensure a comprehensive approach.
Key stakeholders include:
Local authorities
Local authorities have a legal duty to ensure that safeguarding measures are in place for adults at risk. They coordinate safeguarding enquiries, implement prevention strategies, and oversee local Safeguarding Adults Boards (SABs) – see below.
Health and social care providers
These include NHS services, care homes, and home care providers. They are required to:
- Recognise and report safeguarding concerns.
- Work in partnership with local authorities to protect adults at risk.
- Provide safe and effective care environments.
Law enforcement
Police play a critical role in responding to and investigating criminal acts, such as physical abuse, financial exploitation, or neglect.
Housing services
Housing officers and landlords are often in a position to identify safeguarding concerns and are required to report them to local authorities.
Voluntary and community organisations
These organisations support safeguarding efforts by identifying risks, providing advocacy, and engaging with vulnerable individuals in the community.
The individual and their carers
Safeguarding under the Care Act 2014 adopts a person-centred approach, emphasising the involvement of the individual in their own safeguarding decisions. Informal carers, such as family members, are also considered key participants in safeguarding measures.
Safeguarding adults boards (SABs)
Local authorities must establish Safeguarding Adults Boards (SABs) to oversee and coordinate safeguarding efforts in their area. These boards include representatives from the local authority, NHS, police, and other key organisations.
Duties under the Care Act 2014
Under the Care Act 2014, specific duties are assigned to organisations and individuals responsible for safeguarding adults at risk.
1. Preventing harm
Proactive steps must be taken to reduce the risk of abuse or neglect, ensuring that individuals receive adequate support to live safely and maintain their independence. Prevention includes early identification of risks and implementing measures to reduce or eliminate these risks before harm occurs.
- Local authorities may run campaigns to educate the public about recognising abuse and neglect and how to report concerns.
- Healthcare providers and social workers must be trained to spot signs of abuse or neglect early and take preventative actions (see Safeguarding Adults Training below).
- Local authorities must ensure individuals have access to resources like community support groups, assistive technologies, or financial advice to reduce reliance on potentially exploitative relationships.
2. Responding to concerns
Authorities must act on reports or disclosures of safeguarding issues. This includes investigating concerns, assessing risks, and implementing safeguarding measures to protect individuals promptly and effectively.
Section 42 of the Care Act 2014 requires local authorities to conduct safeguarding enquiries when a vulnerable adult is subject to or at risk of abuse or neglect. The enquiry’s purpose is to determine whether harm has occurred or is likely to occur, assess risks, and implement measures to protect the individual.
While the local authority leads the enquiry, it may involve other organisations, such as healthcare providers or the police, to ensure a comprehensive response to the safeguarding concern.
3. Empowering individuals
The Act emphasises a person-centred approach to safeguarding, ensuring that individuals are actively involved in decisions about their care and protection. This includes listening to their views, preferences, and needs and respecting their autonomy wherever possible.
This means every reasonable effort must be made to respect and uphold the individual’s autonomy, as long as it is practical, feasible, and does not compromise their safety or wellbeing.
The Act acknowledges that there may be situations where it is not possible to fully respect a person’s autonomy due to factors like legal obligations, significant risk of harm, or the individual’s inability to make informed decisions. This may involve assessing whether an individual has the mental capacity at a given time to make informed decisions. For more information about mental capacity, please see NHS guidance to the Mental Capacity Act.
4. Partnership working
Safeguarding adults relies on effective collaboration across various agencies to ensure a cohesive and comprehensive approach. This requires clear communication and efficient information sharing between organisations, each playing a vital role in protecting individuals at risk.
Local authorities lead multi-agency safeguarding arrangements and facilitate the work of Safeguarding Adults Boards (SABs). These boards are crucial in coordinating efforts, setting strategic priorities, and ensuring accountability across agencies.
Healthcare providers, housing services, and the police actively participate in safeguarding meetings, share relevant information, and work collaboratively to address safeguarding concerns. Their contributions are essential in identifying risks and implementing appropriate interventions.
Voluntary organisations also play a significant role by providing valuable insights and expertise gained through their community-level engagement. They often have a unique perspective on the needs and vulnerabilities of individuals, which supports a holistic safeguarding approach.
5. Accountability
Organisations involved in safeguarding must be transparent about their practices, ensure compliance with legal frameworks, and adhere to the principles of good governance. This includes regular audits, safeguarding training for staff, and clear reporting mechanisms to ensure accountability and continuous improvement.
Effective accountability also requires a culture of openness, where safeguarding concerns can be raised without fear of reprisal. Organisations must establish clear policies for whistleblowing and encourage staff and stakeholders to report any failures or breaches in safeguarding practices.
This proactive approach helps to identify and address issues early, ensuring that individuals at risk are protected effectively.
Case studies
The following case studies illustrate how the principles of the Care Act 2014 affect people’s lives, and the consequences when they are not applied:
Case of Robert
Robert, an elderly man with complex health needs, was admitted to hospital where the doctors noticed he had a ‘tear’ on his bottom. His family concluded that the tear must have been caused by the care team who used hoisting equipment when carrying out personal care.
However, an investigation revealed that the family had misunderstood what a ‘tear’ is in medical terms, because health care professionals had not explained it to them. The term ‘tear’ describes all types of abrasions which could have been caused by any number of factors.
This case demonstrates how effective communication, which is one of the key principles of the Care Act 2014, can prevent unnecessary distress and confusion while ensuring safeguarding processes are accurately followed.
Case of Ms B
Ms B, a 46-year-old woman with a mild learning disability, personality disorder, and epilepsy, died of heart failure, with obesity and depression as contributing factors.
A Safeguarding Adults Review (SAR) under Section 44 of the Care Act 2014 highlighted significant failings in the coordination of care and communication between agencies responsible for her wellbeing.
Key challenges in Ms B’s care included a failure of critical information-sharing failures among care providers. As a result, Ms B’s physical and mental health needs were not consistently addressed, leading to a decline in her health which contributed to her death.
The review highlighted gaps in safeguarding, particularly the lack of inter-agency collaboration and the exclusion of informal carers from planning and decision-making. It emphasised the Care Act’s requirement for effective information-sharing, cooperation between health and social care services, and the provision of cohesive, personalised care.
Safeguarding Adults Training
The Care Act 2014 provides clear guidance for prevention, intervention, and collaboration to protect the health and wellbeing of vulnerable adults. Understanding and applying the principles of the Care Act 2014 safeguarding adults framework is essential for organisations and individuals working to support adults in need.
Our Safeguarding Adults Training is designed for frontline staff in the care, education, health, housing and voluntary sectors. The course provides essential knowledge to enable participants to identify the signs of abuse and neglect and know how to act swiftly and efficiently when they are concerned.
Find out about Safeguarding Adults Training on our website, or contact our friendly team on info@praxis42.com/0203 011 4242
Please note that we can tailor training to your organisation and specific roles to ensure the course is as relevant and focussed as possible.
