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In the UK, there's a strong legal framework for safeguarding vulnerable adults. Working in the private care sector or most public services will mean you need to have a clear understanding of the rights of vulnerable adults and your responsibilities towards them.

With there being a range of legislation that covers safeguarding vulnerable adults, it's important to get clear understanding of it all. We're going to look at some of the key questions you might have about adult safeguarding, as well as give you an overview of the laws.
The questions we will cover include:

What does safeguarding adults mean?

Who is defined at a vulnerable adult?

What are the underlying principles of safeguarding vulnerable adults?

Whose job is it to protect vulnerable adults?

What are the relevant laws for safeguarding adults?

The overall idea behind safeguarding adults is to protect their life, keep them safe and prevent them from being threatened with or experiencing neglect or abuse. That's a pretty big remit, so let's break it down.

Some adults need extra help to be able to take care of themselves; there are lots of reasons this might happen and we'll cover the definition shortly. When an adult is seen as being vulnerable, it's more likely that someone could mistreat them or take advantage.

Safeguarding adults is a way to stop any mistreatment, whether it be physical, emotional, mental, or financial.

It's not all about stopping a person coming to harm, though. It's also important that the well-being of vulnerable adults is promoted - it's not enough to stop them being harmed; a vulnerable adult should be given opportunities to learn, develop, and have positive experiences.

Safeguarding needs to focus on the outcomes for the vulnerable adult. There are lots of processes in place which do need to be followed, but getting something positive out of it in the end is as important as the rules being applied.

The first thing to note when looking at who is a vulnerable adult is that you should never assume vulnerability. It can be easy to assume by looking at someone's appearance or knowing their age that they're automatically vulnerable, but that's not a fair assessment - although these factors can be a part of a deeper understanding of the person.
How can we determine if someone is vulnerable? To parse the legal definition, a vulnerable adult is:

Over 18 years old

Someone who needs care and support

At risk of experiencing abuse or neglect

Someone who can't protect themselves from harm or exploitation.

Under this definition, 150,070 safeguarding enquiries were raised in 2017-18.

There are a number of considerations to look at when deciding whether safeguarding vulnerable adults legislation might apply to a specific case.
Here are the main factors you'd look at to assess vulnerability, with some examples:

Mental illness - Those with mental illness can get taken advantage of, for example someone with anxiety could be manipulated into letting someone take over their finances. However, it's not a catch-all, mental illness that's managed with medication and/or therapy doesn't necessarily make that person vulnerable.

Physical disability - A disabled person who isn't able to bathe and clothe themselves needs extra support from carers, and the opportunity for physical abuse, for example, is possible. Not all physical disabilities result in vulnerability - a person who has lost one eye isn't necessarily open to abuse just because of that one factor.

Short-term or long-term illness - Some illnesses can indeed make a person vulnerable, whether their condition takes away mobility or their ability to make clear choices. It's all about context; someone who's been diagnosed with cancer may be susceptible to emotional abuse regarding their condition, but that's not always going to be the case.

Age - We all know an old person who might struggle a little to organise their money or get dressed in the morning; these could be factors to consider in an assessment of their vulnerability because they might start to rely on someone. Not all elderly people are the same, so don't make assumptions. On the flip side, an 18-year-old isn't automatically able to look out for their own interests.

Homelessness - Without a place to sleep that's secure, a person can become vulnerable to different types of abuse, being drawn into sex work or low-level crime by those around them. Not all homeless people have that experience and a person might have been able to retain their personal support networks whilst looking for somewhere to live.

Substance abuse - Most substances have the ability to change the way we think and behave in some way, making us more vulnerable to getting taken advantage of. A woman given heroin may become more compliant and not resist sexual abuse, yet a person can be dependent on alcohol and still retain control over all elements of their life.

These are all risk factors in an adult being assessed as vulnerable. No one point alone is going to determine whether a person is vulnerable.

Factors can definitely make vulnerability more likely; in people aged over 85, one in every 43 people is assessed as vulnerable, as compared to one in every 862 in adults aged 18-64.

Having understood how to decide if someone needs to be safeguarded, we'll now look at what safeguarding broadly means. You can probably think of lots of ways to protect a person, but you don't want to go too far.

Knowing that, there are six key principles when looking at safeguarding vulnerable adults and applying legislation correctly.

Empowerment means to let the person being safeguarded have as much say as possible in the decisions being made about them

Prevention of harm is always better than dealing with the consequences afterwards

Proportionality stops protections going too far; any interventions should be as unobtrusive as possible

Protection allows for those in greatest need to be looked after and supported adequately

Partnership encourages local solutions to be found across agencies; rarely will there be a solution that needs only one sector to implement

Accountability ensures that decisions are made transparently, without secrets and with clear reasoning.

Put simply, everyone is responsible for safeguarding adults. If you were to see a person being abused or taken advantage of in any setting, you should report it so a professional can help.

There is a lot of safeguarding legislation that gives responsibility to people in certain positions to act on reports of adult abuse. The primary legal responsibility for safeguarding vulnerable adults lies with local authorities.

A group of people need to come together to find the best ways to protect vulnerable adults, working within the principles of partnership and accountability that we just discussed. This group is known as a Safeguarding Adults Board (SAB) and every local authority has one.
On this board will generally be representatives from:

The local authority that set it up

Local Clinical Commissioning Groups that cover the area

The Chief Officer of Police that covers the local area.

Whilst people can also be invited along from local ambulance services, the Department of Work and Pensions, local advocacy groups, and trading standards, for example.

In the private sector, there should be a safeguarding officer role in each organisation. This person is responsible to train staff about safeguarding adults and relevant legislation, as well as report any potential safeguarding issues to the local SAB.

In the last two decades, to protect vulnerable people properly has been a focus of new law in the UK. We'll cover the laws you need to be aware of and which parts are relevant to protect vulnerable adults in the UK.

This Act refers to safeguarding vulnerable adults by outlining the legal responsibilities when protecting vulnerable adults. It sets out that local authorities have the primary responsibility and must work in partnership with health and care organisations.

The Act places emphasis on the overall well-being of the vulnerable adult, rather than basic safety and protection. Enshrined in this Act are the key principles we outlined above:

Empowerment

Prevention

Proportionality

Protection

Partnership

Accountability.

The aim of this law is to make sure unsuitable people don't end up working with vulnerable adults. People who have a criminal history of abuse and exploitation are placed on a list that is checked when anyone applies for a job with vulnerable adults.

The vetting and barring system defines the type of work that requires a check of the list, with regulated and controlled workplaces. It aims to prevent future abuses being carried out by someone with convictions of crimes that are abusive.

The main element of this Act for safeguarding vulnerable adults is Regulation 13. This section of the Act is there to protect adults within the health and social care systems from being abused. There are also provisions that prevent restraints being used incorrectly and removing someone's liberty improperly.

Presumption of capacity - Until you can determine otherwise, assume the adult is able to make their own choices

Support to make a decision - It's ok to offer support to someone to make their own choices, but it should be support and not coercion

Ability to make unwise decisions - Just because someone is making a poor or unwise decision doesn't automatically mean they lack mental capacity

Best interest - When someone has been deemed to not have mental capacity, anyone acting on their behalf must act in their best interests

Least restrictive - If you're making choices for someone without mental capacity, you should always choose the least restrictive, but safe, option.

Age

Disability

Gender reassignment

Marriage and civil partnership

Pregnancy and maternity

Race

Religion or belief

Sex

Sexual Orientation.

When assessing whether a person is vulnerable, there can't be any discrimination based around these characteristics - all choices, assessments, and decisions must be consistent.

This piece of legislation is very broad with a total of 13 articles outlining everyone's basic rights in law. When it comes to safeguarding vulnerable adults, there are four articles that you need to be aware of:

Article 2 protects the right to life

Article 3 affords freedom from degrading and inhumane treatment

Article 5 enshrines the right to liberty and security

Article 8 guarantees the right to a private life, family life, and a home life.

A person is able to seek legal recourse, or have someone go through the law on their behalf, if these rights are violated.

Originally, the Data Protection Act (DPA) was introduced in 1998 but it's since been superseded by the 2018 Act that brought into law the General Data Protection Regulation (GDPR) from the EU. It lays out how and when you're allowed to process, or use, data you have about a person. There's also rules about when you can share data.

In terms of how this applies to vulnerable people, there may be times that you need to withhold that you have information to be able to protect a person. Similarly, you may have to share information with other agencies so you can seek protection for a vulnerable adult.

The law allows for this if your actions will prevent harm, allow for an effective response, or is in the public interest, among other reasons.

In this law, workers in both the public and private sector can disclose usually private information to protect the public interest. It's known as "whistleblowing", and anyone who does it is protected from victimisation and discrimination at their workplace.

In terms of vulnerable adults, it gives workers protection to point out where people aren't being safeguarded properly. It's ok to tell authorities about someone's treatment and issues if you believe the person isn't being protected in line with the laws we've gone through here.

The principles of this White Paper, that was designed to protect and safeguard vulnerable adults, has been made redundant by the Care Act 2014 that we went through a little earlier.

The paper outlined the responsibilities of local authorities and health and social care providers to safeguard adults inside a proper framework. These issues have been more clearly defined in the Care Act and this is what you should refer to if you want to understand these issues.

There's a lot to know about safeguarding vulnerable adults; legislation, responsibilities, principles. A lot of common sense is built into the processes; acting in the best interests of the vulnerable person whilst not overstepping boundaries are integral to the system.

Every area of the UK has its own Safeguarding Adults Board. If you ever have concerns about safeguarding issues, this is where you can turn to.

Keep in mind the main principles that are part of the Care Act 2014 when making any decisions or assessments and taking any actions. This means you need to empower the adult in their choices, prevent harm from happening where possible, only do what's necessary to protect, yet offer protection when it's needed, work alongside other people and agencies, and be accountable and transparent in your decisions.

By following this, and being aware of what constitutes a vulnerable adult, you will be able to ensure you're meeting your moral and legal responsibilities to safeguard vulnerable adults.

Safeguarding Vulnerable Adults Level 2

Take a look at this course

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Legislation and policies that surround safeguarding vulnerable adults

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In the UK, there's a strong legal framework for safeguarding vulnerable adults. Working in the private care sector or most public services will mean you need to have a clear understanding of the rights of vulnerable adults and your responsibilities towards them.

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Social Care Institute for Excellence (SCIE)

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The Care Act 2014

The Care Act 2014 places a general duty on local authorities to promote the wellbeing of individuals when carrying out care and support functions.

The definition of wellbeing includes:

personal dignity including treating individuals with respect

physical and mental health and emotional wellbeing

protection from abuse and neglect

control by the individual over day-to-day life

participation in work, education, training or recreation

social and economic wellbeing

domestic, family and personal relationships

suitability of living accommodation

the individual's contribution to society

(Department of Health, 2014)

Safeguarding adults comes under the Care Act 2014. For more information, please view our Safeguarding resources

Sexual Offences Act 2003

In the past there have been difficulties in bringing prosecutions against individuals who committed sexual offences against people with mental disorders. The Sexual Offences Act (SOA) 2003 modernised the law by prohibiting any sexual activity between a care worker and a person with a mental disorder while the relationship of care continues.

A 'relationship of care' exists where one person has a mental disorder and another person provides care. It applies to people working both on a paid and an unpaid basis and includes:

doctors

nurses

care workers in homes

workers providing services in clinics or hospitals

volunteers.

The offences in the Act relating to care workers apply whether or not the victim appears to consent, and whether or not they have the legal capacity to consent.

This does not prevent care workers from providing intimate personal care so long as the behaviour is not intended to be sexual. The Act is not intended to interfere with the right of people with a mental disorder who have the capacity to consent to engage in sexual activity with anyone who is not in a caring relationship with them.

The SOA also attempts to make the prosecution of rape easier by clarifying the meaning of consent. Section 74 of the Act provides that someone consents to a sexual act if, and only if, he or she agrees by choice and has the freedom and capacity to make that choice.

Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Bill

This Safeguarding Vulnerable Groups Act (SVGA) 2006 was passed to help avoid harm, or risk of harm, by preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work. The Independent Safeguarding Authority was established as a result of this Act. On 1 December 2012 the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service (DBS). Organisations with responsibility for providing services or personnel to vulnerable groups have a legal obligation to refer relevant information to the service.

The Protection of Freedoms Bill (Chapter 1 of Part 5) amends the SGVA 2006, retaining the national barring function whilst abolishing registration and monitoring requirements. For further information see the Protection of Freedoms Bill Home Office Fact Sheet.

Ill treatment or wilful neglect

It is an offence under the Criminal Justice and Courts Act 2015 for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual.

Under S44 of the Mental Capacity Act, ill-treatment and wilful neglect is a criminal offence for anyone, including those with powers of attorney and court appointed deputies, who has care of a person who lacks capacity

Ill treatment and wilful neglect are different. Ill treatment must be deliberate, is an offence irrespective of whether it causes harm, and involves an appreciation by the perpetrator that they were inexcusably ill-treating the person. Ill treatment includes acts such as hitting, administering sedatives to keep people quiet, pulling hair, rough treatment, verbal abuse or humiliation.

Wilful neglect is a failure to act rather than a deliberate act to commit harm. Managers with responsibility for ensuring good care can be held accountable but currently there is no offence of corporate neglect.

Public Interest Disclosure Act 1998

An important part of providing care is ensuring a working environment that encourages people to challenge practices in their own workplace. The law offers some protection from victimisation to people who blow the whistle under the Public Interest Disclosure Act (PIDA) 1998. The parameters of 'protected disclosure' are set out in the Employment Rights Act (ERA) 1996. The person making the disclosure should not commit an offence in doing so (e.g. breach the Official Secrets Act 1989) and must reasonably believe one or more of the following:

that a criminal offence has been committed, is being committed or is likely to be committed

that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject

that a miscarriage of justice has occurred, is occurring or is likely to occur

that the health or safety of any individual has been, is being or is likely to be endangered

that the environment has been, is being or is likely to be damaged

that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed. (ERA1996).

More social care legislation

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Legislation relating to safeguarding adults - overview for social care

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The Care Act 2014 places a general duty on local authorities to promote the wellbeing of individuals when carrying out care and support functions.

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Key government initiatives and legislation

Sexual Offences Act 2003

The Sexual Offences Act introduced a number of new offences concerning adults at risk and children.
legislation.gov.uk

Mental Capacity Act 2005

Its general principle is that everybody has capacity unless it is proved otherwise, that they should be supported to make their own decisions, that anything done for or on behalf of people without capacity must be in their best interests and should be the least restrictive intervention.
legislation.gov.uk

Safeguarding Vulnerable Groups Act 2006

Introduced the new Vetting and Barring Scheme and the role of the Independent Safeguarding Authority. The Act places a statutory duty on all those working with vulnerable groups to register and undergo an advanced vetting process with criminal sanctions for non-compliance.
legisation.gov.uk

Deprivation of Liberty Safeguards

Introduced into the Mental Capacity Act 2005 and came into force in April 2009. Designed to provide appropriate safeguards for vulnerable people who have a mental disorder and lack the capacity to consent to the arrangements made or their care or treatment, and who may be deprived of their liberty in their best interests in order to protect them from harm.
scie.org.uk

Disclosure & Barring Service 2013

Criminal record checks: guidance for employers - How employers or organisations can request criminal records checks on potential employees from the Disclosure and Barring Service (DBS).
www.gov.uk/dbs-update-service

The Care Act 2014 - statutory guidance

The Care Act introduces new responsibilities for local authorities. It also has major implications for adult care and support providers, people who use services, carers and advocates. It replaces No Secrets and puts adult safeguarding on a statutory footing.
www.gov.uk/

Making Safeguarding Personal Guide 2014

This guide is intended to support councils and their partners to develop outcome-focused, person-centred safeguarding practice.
www.local.gov.uk

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Safeguarding Adults at Risk Key Legislation and Government Initiatives

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Key government initiatives and legislation Sexual Offences Act 2003 The Sexual Offences Act introduced a number of new offences concerning adults at risk and children.