Neglect and Acts of Omission

Neglect is the failure of any person who has responsibility for the charge, care or custody of an adult with needs for care and support to provide the amount and type of care that a reasonable person would be expected to provide.

Behaviour that can lead to neglect includes including ignoring medical, emotional or physical needs, failing to allow access to appropriate health, social care and educational services, and withholding the necessities of life such as medication, adequate nutrition, hydration or heating.

Neglect can be intentional or unintentional.

Intentional neglect would result from:
•    wilfully failing to provide care
•    wilfully preventing the adult(s) with needs for care and support from getting that care and support
•    reckless about the consequences of the person not getting the care they need.

See SCIE: Types of Neglect and acts of omission [external link].

If the individual committing the neglect is aware of the consequences and the potential for harm to result due to the lack of action(s) then the neglect is intentional in nature.

Section 20 of the Criminal Justice and Courts Act 2015 [external link] creates a criminal offence in respect of circumstances where “an individual who has the care of another individual by virtue of being a care worker ill-treats or wilfully neglects that individual."

The offence focuses on the conduct of the individual not the outcome of the neglect and is concerned with the actions or omissions of the care worker rather than any harm that resulted.

A care provider can also commit an offence under Section 21 of the Criminal Justice and Courts Act 2015 [external link] if:

• an individual who has the care of another individual by virtue of being part of the care provider’s arrangements ill-treats or wilfully neglects that individual
• the care provider’s activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the in-dividual who is ill-treated or neglected and
• in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.

Unintentional neglect could result from a carer failing to meet the needs of the adult at risk because they do not understand the needs of the adult at risk, may not know about services that are available or because their own needs prevent them from being able to give the care the person needs.  It may also occur if the individuals are unaware of or do not understand the possible effect of the lack of action on the adult at risk.

For guidance on skin damage and safeguarding see Darlington Safeguarding Partnership Guidance on Skin Damage and Safeguarding Protocol [New Page]