Professionals
Key legislation
This key legislation section, along with its associated procedures and guidance, aims to avoid redundancy by only reiterating information found in other documents if necessary for clarity. Readers are assumed to be already familiar with these documents.
This Act, along with the Care and Support Statutory Guidance and associated regulations, establishes the legal framework for safeguarding adults’ work. Our policy must operate within this framework. The statutory guidance outlines the expectations that must be addressed in the policies and processes of all partners involved in safeguarding adults, particularly regarding local authorities’ decision-making roles in safeguarding inquiries.
This sector-led improvement initiative emphasises that safeguarding adult inquiries and reviews should maintain the adult with care and support needs at the centre and in control as much as possible. The effectiveness of these inquiries and reviews is measured by how well they identify and meet the individual’s desired outcomes.
To better understand Making Safeguarding Personal, please read “Myths and Realities about Making Safeguarding Personal” by the Local Government Association, which addresses misconceptions about Making Safeguarding Personal. This can be found Myths and realities about Making Safeguarding Personal | Local Government Association.
The Board establishes the local context and sets expectations for the Council and other partners. Its policies and procedures provide the framework for this policy and procedure.
Adult Social Care is committed to protecting adults with care and support needs and will not tolerate abuse. We focus on promoting wellbeing, preventing harm, and responding effectively to any concerns raised.
The aims of Adult Safeguarding include the following:
- Preventing harm and reducing the risk of abuse or neglect for adults with care and support needs.
- Stopping abuse or neglect whenever possible.
- Safeguarding adults in a manner that supports their ability to make choices and maintain control over how they wish to live.
- Promoting an approach that focuses on improving the quality of life for the adults involved.
- Raising public awareness so that communities and professionals contribute to preventing, identifying, and responding to abuse and neglect.
- Providing accessible information and support to help people understand the various types of abuse, ways to stay safe, and how to report concerns about an adult’s safety or wellbeing.
- Addressing the root causes of any abuse or neglect. To help achieve these aims, we will:
- Manage our services to minimise the risk of abuse.
- Collaborate with adults in need of care and support, as well as other agencies, to eliminate any ongoing abuse.
Our commitments to achieve these aims include:
- Ensuring all managers, employees, and volunteers have access to and are familiar with our safeguarding adult policy, procedures, and responsibilities.
- Taking all concerns or allegations of abuse seriously.
- Applying the Mental Capacity Act 2005 to make decisions on behalf of adults at risk who are unable to make certain decisions themselves.
- Providing relevant training on safeguarding adults to all staff based on their specific roles.
- Ensuring that individuals using our services, as well as their relatives and friends (when applicable), have access to information on reporting any concerns or allegations of abuse.
- Designating a named lead person to promote awareness and best practices concerning adult safeguarding within the organisation.
This policy and procedure have been developed in accordance with the Surrey Safeguarding Adults Board Adult Safeguarding Policy and Procedures.
The following principles guide this policy and procedure:
The Government’s six principles for safeguarding adults
- empowerment
- prevention
- proportionality
- protection
- partnership
- accountability
In particular:
Article 2: Right to life
Article 3: No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4: Prohibition of slavery and forced labour
Article 5: No one shall be deprived of his liberty save in accordance with a procedure prescribed by law
Article 8: Right to respect for private and family life.
- a person must be assumed to have capacity unless it is established that they lack capacity
- a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success
- a person is not to be treated as unable to make a decision merely because he makes an unwise decision
- an act done or decision made under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests
- before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action
The Equality Act 2010 created an Equalities Duty on public bodies.
In our daily work, we will engage with all individuals who may have impaired decision-making capacity, as well as their families and others in their lives:
- have due regard to the need to eliminate discrimination
- advance equality of opportunity
- foster good relations between different people when carrying out their activities
The procedures and any guidance that accompany this policy will set out ways of working that will incorporate these elements.