Legislation and guidance | Salford Safeguarding Adults Board

Legislation and guidance

Legislation is an important part of adult safeguarding and provides the framework that enables the key statutory partners to carry out their duties with regards to safeguarding. 

The Legal Framework is important as it makes sure all settings have right policies and procedures in place to undertake their statutory role and responsibilities.

The Care Act 2014 replaced various other pieces of legislation and sets out the safeguarding responsibilities of the Local Authority which includes setting up an Adult Safeguarding Board, working with partners, carrying out enquiries where there are concerns about adults at risk of abuse or neglect and carry out Safeguarding Adult Review where adults are harmed.   

This section will provide you with relevant links to the legislative framework within adult safeguarding.

Remember, the legislation and supporting statutory guidance should be viewed alongside multi-agency safeguarding policy and procedure and your own organisation's policies and procedures.


Safeguarding Principle Duties

Sections 42-47 of the Care Act 2014 set out the main duties relating to safeguarding adults at risk of abuse or neglect:

Section 42 Enquiry by local authority

Section 43 Safeguarding Adult Boards

Section 44 Supply of information

Section 45 Supply of information

Section 46 Abolition of the local authority's power to remove persons in need of care

Section 47 Protecting property of adults being cared for away from home

The Care Act is supported by the Care and Support Statutory Guidance. Chapter 14 provides detailed guidance on safeguarding.

 

The Mental Capacity Act 2005 provides a legislative framework for making decisions where people lack the mental capacity to make the decision for themselves. 

There is a brief overview of the mental capacity act on our website.

There is also a Mental Capacity Act Code of Practice.

 

 

Under the Human Rights Act, public bodies must carry out their duties and responsibilities in a way that it doesn't contravene a person's human rights. 

Schedule 1 sets out the articles which include:

Article 2 The Right to life

Article 3 Prohibition of torture

Article 4 Prohibition of slavery and forced labour

Article 8 Right to respect for private and family life

 

There is also Part II, the first protocol which includes:

Article 1 - Protection of Property

Article 2 - Right to education

Article 3 - Right to free elections

The Public Interest Disclosure Act 1998 is an Act of Parliament that protects whistleblowers from detrimental treatment by their employer. 

The Equality Act 2010 protects people who have a protected characteristic (i.e., age, disability, gender, gender reassignment, race, religion or belief, sexuality) from discrimination and harassment. The Public Sector Equality Duty which is a provision of the Equality Act requires that public bodies pay "due regard" to eliminating discrimination, promoting equality of opportunity and fostering good relations and so is an important consideration in safeguarding processes. You can find out more from the Equality and Human Rights Commission.

The Criminal Justice Act 2003 provides for the establishment of Multi-Agency Public Protection Arrangements("MAPPA") in each of the 42 criminal justice areas in England and Wales. MAPPA is not a statutory body in itself but is a mechanism through which agencies can better discharge their statutory responsibilities and protect the public in a co-ordinated manner. MAPPA allows agencies to assess and manage offenders on a multi-agency basis by working together, sharing information and meeting to ensure that effective plans are put in place. Agencies retain their full statutory responsibilities and obligations at all times. All MAPPA offenders are assessed to establish the level of risk of harm they pose to the public. Risk management plans are then worked out for each offender to manage those risks.

MAPPA Website

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