Care Act 2014: the new legal framework for adult safeguarding

Tim Spencer-Lane PASUK BSAB seminar – 15 May 2014

Public law framework

Social care and NHS legislation

Common law and

public law obligations

No Secrets guidance

Mental health and incapacity

legislation

Public health law

Regulation of health and social care professionals

Disclosure and barring service Care Quality Commission and the

regulation of care provision Whistle-blowing Criminal offences and civil torts anti-social behaviour civil injunctions

Other safeguarding law

Care Bill 2013-14

Clause 1: Duty to promote individual well-being

Clause 1: well-being decision-making

Assumption that the person is

the best judge oftheir well-being

The person’s views, wishes and

feelings

Have regard to all the adult’s

circumstances

Full participationin decision making

Balance with well-beingof carers

Protect from abuse and

neglect

Minimum restrictions

Individual well-being

2. The process for assessmentClauses 9-13: assessment and

eligibility

Duty to assess where adult appears to need care and support

Right to refuse an assessment

New national Assessment regulations set at “substantial”

Clause 42: safeguarding enquiries

having money or other property stolen

being defrauded

being put under pressure in relation to money or other property

having money or other property misused

Clause 42(3): financial abuse

Duty on local authority to establish an SAB Objective is to help and protect adults at risk of

abuse or neglect SAB may do anything necessary or desirable to

achieve this aim NHS and police must nominate members with

required skills and experience Statutory safeguarding adults reviews (clause 44) Duty to provide information to an SAB (clause 45)

Clause 43 and schedule 2: Safeguarding Adult Boards

Adult Social Care Project

No new power of entry to speak to a person at risk of abuse and neglect

Repeal of section 47 of the National Assistance Act 1948

Safeguarding powers

Extended Human Rights Act protection

Rights to advocacy

Cap on care costs and duty to provide personal budgets

New rights to carer’s assessments and

services

A new appeals process against local authority

decisions

Duties to co-operate and promote integration

Duty to prevent needs for care and support

Care and support in prisons

Other reforms

New No Secrets guidance

Increased use of the High Court to safeguard

adults?

Draft Regulation of Health and Social Care Professionals etc Bill

2014

Increased divergence between the UK

countries on adult safeguarding

Future developments

My contact details:

Email tim.spencer-lane@lawcommission.gsi.gov.uk

Website www.lawcommission.justice.gov.uk