Policy, Aims and Principles

The Policy, Aims, Principles and Legal Framework of Adult Safeguarding

The Care Act 2014  [external link] established a legislative framework for Adult Safeguarding. Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted and includes where appropriate having regard to their views, wishes, feelings and beliefs in deciding on the best course of action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Organisations should always promote the adult’s wellbeing in their safeguarding arrangements.  People have complex lives and being safe is only one of the things they want for themselves. Professionals should work with the adult to establish what being safe means to them and how that can be best achieved.  Professionals and other staff should not be advocating ‘safety’ measures that do not take account of individual well-being, as defined in Section 1 of the Care Act.

There is a legal duty for Darlington Borough Council, as the Local Authority, to ensure that safeguarding enquiries take place to establish the level and circumstances of the risk. Eligibility for social care needs is not a barrier to these enquiries. Safeguarding enquiries must be made for any adult who:

• Has care and support needs (whether or not the LA is meeting any of those needs) and;
• Is experiencing, or at risk of, abuse or neglect; and
• As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

The aims of Adult Safeguarding are to:

• prevent harm and reduce the risk of abuse or neglect to adults with care and support needs
• stop abuse or neglect wherever possible
• safeguard adults in a way that supports them in making choices and having con-trol about how they want to live
• promote an approach that concentrates on improving life for the adults concerned
• raise public awareness so that communities as a whole, alongside professionals, play their part in preventing, identifying and responding to abuse and neglect
• provide information and support in accessible ways to help people understand the different types of abuse, how to stay safe and what to do to raise a concern about the safety or well-being of an adult
• address what has caused the abuse or neglect
• support strategic development of adult safeguarding; observing themes and patterns that require specific development and focus for agencies

The Care Act 2014 outlines the six key principles of Safeguarding: Making Safeguarding Personal (MSP) which form the basis of adult safeguarding:

1. Empowerment: people being supported and encouraged to make their own de-cisions and informed consent
2. Prevention: It is better to take action before harm occurs
3. Proportionality: the least intrusive response appropriate to the risk presented
4. Protection: support and representation for those in greatest need
5. Partnership: local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
6. Accountability: accountability and transparency in the delivery of safeguarding

The six principles ensure the following:  

• the needs and interests of adults at risk are always respected and upheld
• the human rights of adults at risk are respected and upheld
• a proportionate, timely, professional and ethical response is made to any adult at risk who may be experiencing abuse
• all decisions and actions are taken in line with the Mental Capacity Act 2005

The procedures also aim to ensure that each adult at risk maintains:

• choice and control
• safety
• health
• quality of life
• dignity and respect

These six principles apply to all sectors and settings including care and support services, further education colleges, commissioning, regulation and provision of health and care services, social work, healthcare, welfare benefits, housing, wider local authority functions and the criminal justice system. The principles should inform the ways in which professionals and other staff work with adults.

The Principle of Wellbeing:

The principle of wellbeing should be at the heart of care and support and applies in all cases where a Local Authority is carrying out a care and support function or making a decision in relation to an individual.  It applies equally to adults with care and support needs and their carers. In some specific circumstances, it also applies to children, their carers and to young carers when they are subject to transition assessments.  The wellbeing principle in the Care Act also applies to parent carer assessments.  A vital aspect in considering an individual’s wellbeing is the context in which they live, their domestic and family relationships and the importance of achieving a balance between their wellbeing and that of any family or friends who are involved in caring for them.