Safeguarding Adults

Under Section 42 of the Care Act 2014, local councils must make enquiries whenever they reasonably suspect an adult who has care and support needs is experiencing, or is at risk of, abuse or neglect, and is unable to protect themselves. The 10 categories of abuse recognised by the statutory guidance include physical, sexual, psychological/emotional, financial, discriminatory, organisational, domestic, modern slavery, self-neglect, and neglect by others. Agencies involved in a Section 42 enquiry are coordinated through a Safeguarding Adults Board (SAB), established under section 43, and Safeguarding Adult Reviews (SARs) under section 44 examine cases of serious abuse or death. Any person can refer a concern to the council's adult social care safeguarding team. The Making Safeguarding Personal (MSP) approach puts the wishes and outcomes of the adult at the centre of any response. Safeguarding is not the same as safeguarding children: the adult's right to make unwise decisions (if they have capacity) must be respected under the Mental Capacity Act 2005.

What it means in practice. The section 42 duty bites when three conditions are met together: the adult has needs for care and support, they are experiencing or at risk of abuse or neglect, and as a result of those needs they cannot protect themselves. All three must be present, and the duty to make enquiries applies whether or not the council is meeting the person's needs. An enquiry is not a fixed procedure — it can be as light as a phone call to the care provider or as substantial as a multi-agency investigation involving the police and the CQC.

A worked example. A district nurse notices that an elderly man with limited mobility has unexplained bruising, and that a relative has been withdrawing large sums from his account. She raises a safeguarding concern with the council. The council makes enquiries, speaks to the man about what he wants to happen, involves an advocate because he has no one else to support him, and coordinates with the police on the financial element. The outcome he asks for is that the relative no longer handles his money but that contact continues. Under the Making Safeguarding Personal approach, his wishes shape the plan rather than being overridden by it.

Common pitfalls and misconceptions. Many people believe you must be certain before reporting. You do not — the threshold is reasonable cause for concern, and it is the council's job to establish the facts. Others assume a safeguarding referral means removing someone from their home; it rarely does. Conversely, professionals sometimes over-ride a capacitous adult who does not want intervention, which the Mental Capacity Act does not permit. Where the person lacks capacity and has no appropriate friend or family member, an independent advocate must be provided.

How it relates to other terms. The duty sits in the Care Act 2014 and interacts closely with the Mental Capacity Act 2005, including best interests decisions, Deprivation of Liberty Safeguards, and the role of an IMCA. Concerns about a regulated provider also inform CQC inspection, and financial abuse frequently involves misuse of a Lasting Power of Attorney, which the Office of the Public Guardian can investigate.

What to do next. If someone is in immediate danger, call 999. Otherwise contact the council's adult social care safeguarding team and read our safeguarding adults guide for what happens next. Your rights under the Care Act explains what the council must do, and care home complaints covers the parallel complaints route.