Under review
Please note that this section is currently under review (June 2024).
Please note that this section is currently under review (June 2024).
Three key tests relate to adults covered by these safeguarding procedures.
The safeguarding duties apply to an adult who:
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.
Note: Carers are also covered by the procedures where they meet the three tests set out above.
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).
Safeguarding Adults Boards must arrange a SAR when an adult in its area dies as a result of, or has experienced, serious abuse or neglect (known or suspected) and there is concern that partner agencies could have worked more effectively together. The aim of the SAR is to identify and implement learning from this.
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).
This is the end of this section.