Legislation on Risk, Harm and Abuse

Question

Identify and describe two pieces of legislation relating to the safe care of individuals including organisational policy and guidelines for the management of risk, harm and abuse.

Answer

The Care Act 2014 outlines that it is the duty of the Local Authority (LA) to promote the well-being of a person in care (s1(1)) and adults at risk of abuse and neglect. S43 outlines that there needs to be a ‘Safeguarding Adults Board’ (SAB) created within each LA. This is how a LA will exercise their responsibility to undertake any enquiries necessary for the benefit of any adults they believe risk experiencing any abuse/neglect. However, LAs in England can no longer remove people in need from their homes (s46). SABs will have Safeguarding Adult Reviews to consider whether or not there have been any “lessons learnt” from previous cases; hoping to reduce a possibility of the situation rearising (s44). Any information supplied to an SAB must be for the purpose of the SAB performing its functions and relating to the protected individual (s45). Finally, s47 places obligations on LAs to protect the property of those who are being cared for away from home by “prevent[ing] or mitigat[ing] loss or damage” on the property.

Secondly, the Safeguarding Vulnerable Groups Act 2006 was introduced to avoid the risk of harm by preventing unsuitable individuals from working with children and vulnerable adults. These individuals would be regulated by the Independent Barring Board (IBB) (s1(1)). The IBB would be responsible for establishing and maintaining both children’s and adults’ barred lists (s2). If an individual is on either of these lists, they cannot engage with any regulated activity involving children and/or vulnerable adults (s3). However, under s4 a barred person can raise an appeal to the Tribunal. Under s11, regulated activity providers are required to ensure that they carry out monitoring checks on barred individuals engaging in regulated activity. However, under s16 and 17 there are exceptions of monitoring checks in place.

References

Care Act 2014, c.23

Safeguarding Vulnerable Groups Act 2006, c.47