5.3. Appendix 3: Terminology

5.3.1. Safeguarding concern

A ‘safeguarding concern’ is when any person has reasonable cause to suspect that an adult with care and support needs, who is unable to protect themselves because of those needs, is experiencing, or is at risk of abuse or neglect.

5.3.2. 5.3.2. Three key tests or statutory criteria in the Care Act

Three key tests relate to adults covered by these safeguarding procedures.

The safeguarding duties apply to an adult who:

• has needs for care and support (whether or not the local authority is meeting any of those needs) and
• is experiencing, or is at risk of, abuse or neglect, and
• as a result of those care and support needs is unable to protect themselves from the risk or experience of abuse or neglect.

Once the local authority has reasonable cause to believe an adult meets these tests the Section 42 duty is triggered. The local authority may still decide to undertake an enquiry where the three tests in the Care Act are not met (‘other’ safeguarding enquiry).

Note: Carers are also covered by the procedures where they meet the three tests set out above.

5.3.3. Safeguarding enquiry

The action taken or instigated by the local authority in response to a concern that abuse or neglect may be taking place. An enquiry can range from a conversation with the adult to a more formal multi-agency plan or course of action.

A safeguarding enquiry starts when the initial information gathering has established that all 3 of the Section 42 criteria are met, or where the criteria are not met the decision has been made that it is necessary and proportionate to respond as a safeguarding enquiry (‘other’ safeguarding enquiry).

5.3.4. Section 42 enquiry

Those enquiries where the adult meets all of the Section 42 criteria i.e. the 3 key tests/statutory criteria.

The local authority must make or cause other agencies or organisations to make enquiries when the Section 42 duty is triggered.

5.3.5. Other safeguarding enquiry

Enquiries where an adult does not meet all of the Section 42 criteria but the local authority has the power under the Care Act to undertake an enquiry where it considers it necessary and proportionate to do so and will promote the adult’s wellbeing and support a preventative agenda.

5.3.6. Lead Enquiry Officer (LEO)

A suitably trained and experienced practitioner employed by the local authority who has responsibility for coordinating responses and decision making in respect of a safeguarding enquiry.

5.3.7. Safeguarding Adults Review (SAR)

Safeguarding Adults Boards must arrange a SAR when an adult in its area

• has died, and the SAB knows or suspects that the death resulted from abuse or neglect (whether or not it knew about or suspected the abuse or neglect before the adult died); or
• an adult has experienced serious abuse or neglect which has resulted in permanent harm, reduced capacity, or quality of life (whether because of physical or psychological effects), or the individual would have been likely to have died but for an intervention; and
• there is concern that partner agencies could have worked more effectively to protect the adult.

5.3.8. Making Safeguarding Personal (MSP)

A ‘Making Safeguarding Personal’ approach means safeguarding responses should be person led and outcome focused. The person should be engaged in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control as well as improving quality of life, well-being and safety (see MSP Practice Guidance and Toolkit).