Safeguarding Adults Legislation in the UK

• Data Protection Act 2018

  The Data Protection Act 2018 sets out the framework for data protection legislation in the UK, replacing the Data Protection Act 1998. It supports the protection of information by outlining how personal data must be stored, collected and processed, and is relevant to adult safeguarding practice because it sets out when information should be shared, and lines of responsibility for the collection and processing of data.
  
  Link:Data Protection Act 2018

• Disability Discrimination Act 1995

  The Disability Discrimination Act 1995 promotes equality of opportunity by making it illegal to discriminate against people living with disabilities on the basis of their disability.
  
  Link:Disability Discrimination Act 1995

• Equality Act 2010

  The Equality Act 2010 makes it an offence to discriminate on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
  
  Link:Equality Act 2010

• Human Rights Act 1998

  The Human Rights Act 1998 consists of 14 articles reflecting those used in the European Convention on Human Rights, to give rights to every person living in the UK. It came into force in October 2000. Articles 2 and 3 are of particular relevance to adult safeguarding, as these are the right to life and the right to freedom from torture and inhumane or degrading treatment, respectively.
  
  Link:Human Rights Act 1998

• Universal Declaration of Human Rights 1948

  The Universal Declaration of Human Rights is an international human rights law which protects and promotes individuals’ fundamental right and freedoms. It aims to ensure all people can gain freedom, equality and dignity.
  
  Link:Universal Declaration of Human Rights (UDHR)

• The Association of Directors of Adult Social Services (ADASS)

  The Association of Directors of Adult Social Services (ADASS) promotes high standards of social care services and influences the development of social care legislation and respective policy.
  
  Link: www.adass.org.uk

• Protect (formerly Public Concerns at Work)

  Protect provide specific guidance and advice on whistleblowing, all of which is free of charge and confidential.
  
  Link: https://www.pcaw.org.uk/

• Skills for Care

  Skills for Care offer tools and support to assist the social care workforce to achieve best practice, supporting the implementation of underpinning legislation.
  
  Link: www.skillsforcare.org.uk

• The Social Care Institute of Excellence (SCIE)

  The Social Care Institute of Excellence (SCIE) provides guidance on best practice using evidence-based practice. SCIE is a leading support agency and independent charity working with organisations that support adults, families and children working across the UK.
  
  Link: https://www.scie.org.uk/about/

Safeguarding Adults Legislation in England

In the UK, we have pieces of safeguarding adults legislation and guidance that are relevant across the nation, but we also have pieces that are country-specific. Here we list and summarise the pieces that are specific to England.

• Care Act 2014

  The Care Act 2014 established six key safeguarding principles that underpin all adult safeguarding work: empowerment, prevention, proportionality of response, protection, partnership, and accountability. The Care Act balances the right to be safe with the right to make informed choices, whilst also promoting the adult’s wellbeing by outlining ten different types of adult safeguarding risks: physical, financial, sexual, psychological, discriminatory, and organisation abuse; domestic violence; neglect; self-neglect; and modern slavery.
  
  Link:Care Act 2014

• Mental Capacity Act 2005

  The Mental Capacity Act 2005 protects people who are unable to make decisions for themselves because of an impairment of the mind due to a stroke or brain injury, mental health illness, dementia, learning disability, confusion, drowsiness or unconsciousness caused by substance misuse or side effect of medication.
  
  Link:Mental Capacity Act 2005

• Mental Capacity (Amendment) Act 2019

  In July 2018, the government published a Mental Capacity (Amendment) Bill, which passed into law in May 2019. It replaces the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards. The target date for implementation is October 2020. Prior to then, a revised MCA Code of Practice will be published which will provide further information about how the Liberty Protection Safeguards will be implemented in practice.
  
  Link:Mental Capacity (Amendment) Act 2019

• Mental Capacity Act Code of Practice 2007

  The Mental Capacity Act Code of Practice 2007 uses the 2005 Act as a basis to provide practice guidance to people who work with or care for people who a lack mental capacity themselves because of a stroke or brain injury; a mental health illness; dementia; a learning disability; or confusion, drowsiness or unconsciousness caused by medication for a condition or substance misuse.
  
  Link:Mental Capacity Act Code of Practice 2007

• Mental Health Act 1983

  The Mental Health Act 1983 was designed to protect and uphold the rights of people lacking capacity because of mental health illness. It specifically, outlines the requirement for people to have access to an advocate and supported access to the community. It was updated in 2007.
  
  Link:Mental Health Act 1983

• Adult Safeguarding: Roles and Competencies for Health Care Staff 2018

  Adult Safeguarding: Roles and Competencies for Health Care Staff 2018 outlines the professional standards that all staff working in healthcare organisations will need to meet if they are to be involved in adult safeguarding. This guidance was commissioned by NHS England and aims to safeguard anyone over the age of 18 who is at risk of abuse, harm and neglect.
  
  Link:Adult Safeguarding: Roles and Competencies for Health Care Staff 2018

• Care and Support Statutory Guidance (Department of Health and Social Care) 2018

  Care and Support Statutory Guidance 2018 constitutes guidance outlining how organisations and professionals can meet the requirements set out in the Care Act 2014.
  
  Link:Care and Support Statutory Guidance (Department of Health and Social Care) 2018

• Care Quality Commission (CQC)

  The Care Quality Commission inspects and regulates health and social care services in England. It provides guidance for services on safeguarding practice and how they underpin and contribute towards effective safeguarding.
  
  Link:Care Quality Commission (CQC)

• The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England 2013

  The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England 2013 sets out the standard of conduct expected of health and social care workers, including behaviours and attitude. Although it is non-statutory guidance, it provides a framework for healthcare and social care workers to work within to ensure they maintain professionalism whilst identifying areas for continuing professional development.
  
  Link:The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England

• Making Decisions: The Independent Mental Capacity Advocate (IMCA) Service

  Making Decisions: The Independent Mental Capacity Advocate (IMCA) Service provides non-statutory guidance to assist understanding of the Independent Mental Capacity Advocate (IMCA) service.
  
  Link:Making Decisions: The Independent Mental Capacity Advocate (IMCA) Service

Safeguarding Adults Legislation in Scotland

In the UK, we have pieces of safeguarding adults legislation and guidance that are relevant across the nation, but we also have pieces that are country-specific. Here we list and summarise the pieces that are specific to Scotland.

• Adult Support and Protection Act 2007

  The Adult Support and Protection Act places the lead role of the local council and its related powers and duties on a statutory footing. Section 4 of the Act requires local councils to make inquiries about a person’s wellbeing, property or financial affairs where appears that an adult at risk may need intervention and protections. It also includes provisions for assessment orders, removal orders and banning orders.
  
  Link:Adult Support and Protection Act 2007

• Adult Support and Protection Act 2007

  The Adults with Incapacity Act 2000 provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity because of a mental illness, learning disability, dementia, a related condition or have an inability to communicate. The Act provides for three types of protection when an adult lacks capacity: welfare guardianship, financial guardianship, and power of attorney.
  
  Link:Adults with Incapacity Act 2000

• Mental Health (Care and Treatment) Act 2003

  The Mental Health (Care and Treatment) Act 2003 applies to adults living with a mental illness, learning disability or related condition referred to as ‘mental disorder’. The Act sets out when and how people can be treated if they have a mental disorder; when people can be treated or taken into hospital against their will; what a person’s rights are, and the safeguards which ensure these rights are protected; and that people with learning disabilities and/or a mental illness have a right to independent advocacy.
  
  Link:Mental Health (Care and Treatment) Act 2003

• Mental Health Act 2015

  The Mental Health Act 2015 consists of 10 principles that should be upheld when safeguarding individuals with mental health issues, including that the person’s background, beliefs and abilities should be taken into account; that a range of options for their care should be explored; and that any restrictions on the person’s freedom are the minimum necessary in the circumstances.
  
  Link:Mental Health Act 2015

• Protection of Vulnerable Groups Act 2007

  The Protection of Vulnerable Groups Act 2007 prevents unsuitable people working with children, young people and adults at risk and ensuring any organisation working with vulnerable people has an appropriate safeguarding policy for recruiting and staff and volunteers; responding to actual and suspected incidents of abuse; and conducting risk assessments.
  
  Link:Protection of Vulnerable Groups Act 2007

• Act Against Harm

  Act Against Harm constitutes information and advice provided by the Scottish Government about the Adult Support and Protection Act 2006.
  
  Link:http://www.actagainstharm.org/

• The Care Inspectorate

  The Care Inspectorate inspects and regulates health and social care services in Scotland. It provides guidance for services on safeguarding practice and how they underpin and contribute towards effective safeguarding.
  
  Link: http://www.careinspectorate.com/

• Disclosure Scotland – Framework Document (2018)

  Disclosure Scotland’s Framework Document 2018 outlines how Disclosure Scotland operates to fulfil the duties set out in the Protection of Vulnerable Groups (Scotland) Act 2007. Disclosure Scotland manages the Protecting Vulnerable Groups Scheme, including barring unsuitable people from certain types of work.
  
  Link:Disclosure Scotland – Framework Document

• Adult Support and Protection Code of Practice (2014)

  The Adult Support and Protection Code of Practice 2014 provides guidance about the performance functions by councils, their officers and other professionals. It also outlines how councils and practitioners should implemented the Adult Support and Protection Act 2007.
  
  Link:Adult Support and Protection Code of Practice

• National Care Standards

  National Care Services ensure that people using services and their families know what to expect, and what action to take if they are unhappy or worried about any aspect of their care, and apply to the groups such as elderly, people with substance abuse problems, and care homes for those with learning disabilities.
  
  Link:National Care Standards

Safeguarding Adults Legislation in Northern Ireland

In the UK, we have pieces of safeguarding adults legislation and guidance that are relevant across the nation, but we also have pieces that are country-specific. Here we list and summarise the pieces that are specific to Northern Ireland.

• Criminal Law Act 1967

  The Criminal Law Act 1976 establishes an obligation on citizens to provide the police with any information they may have which is likely to assist in arresting, prosecution or conviction of a perpetrator of a serious criminal offence.
  
  Link:Criminal Law Act 1967

• Health and Personal Social Services Order 1972 and Health and Social Care (Reform) Act 2009

  Article 37 of the Health and Personal Social Services Order 1972 supports adults in need of care and attention to access support. The adult must be suffering from grave or chronic disease; elderly, inform or physically incapacitated; living in unsanitary conditions, and unable to look after themselves or pay for appropriate care.
  
  Link:Health and Personal Social Services Order 1972
  
  Link:Health and Social Care (Reform) Act 2009

• Mental Capacity Act 2016

  The Mental Capacity Act 2016 aims to protect the rights and safety of people who lack capacity because of a mental health illness or severe mental impairment. The Act promotes people’s autonomy and decision-making capacity, by introducing a mental capacity test with a ‘presumption of capacity’ applied until proven otherwise.
  
  Link:Mental Capacity Act 2016

• The Mental Health Order 1986

  Article 121 of the Mental Health Order 1986 criminalises the ill treatment or willful neglect of a person in a hospital or nursing home who is receiving treatment for a mental disorder such as dementia, whilst Article 129 enables the adult who is being subjected to mistreatment to be removed from a premises.
  
  Link:The Mental Health Order 1986

• Safeguarding Vulnerable Groups Order 2008(as amended by the Protection of Freedoms Act 2012)

  The Safeguarding Vulnerable Groups Order 2008 prevents unsuitable people working with children, young people and adults at risk by ensuring any organisation working with vulnerable people has an appropriate safeguarding policy in place and clearly-defined procedures to protect vulnerable children and adults and ensure there effective record keeping systems in place.
  
  Link:Safeguarding Vulnerable Groups

• The Sexual Offences Order 2008

  The Sexual Offences Order 2008 constitutes a legislative framework for sexual offences, including offences against people with a mental disorder.
  
  Link:The Sexual Offences Order 2008

• Action on Elder Abuse (AEA)

  Action on Elder Abuse (AEA) is a charity working exclusively to safeguard and protect older people from all forms of abuse. They raise awareness about the types of abuse and harm older people are more likely to experience; provide direct advice, guidance and support to older people at risk of abuse or in need of protection; engage with older people, practitioners and policy makes to improve prevention and protection by organising conferences, seminars and policy briefings, and campaign for the best possible support and prevention frameworks.
  
  Link: http://www.elderabuse.org.uk

• Adult Safeguarding Operational Procedures: Adults at Risk of Harm and Adults in Need of Protection 2016

  Adult Safeguarding Operational Procedures 2016 set out broad principles of good practice when responding to adults who are in need of protection. They place the adult at the centre of the safeguarding process and provide practical guidance on how specific roles within organisations should be implemented.
  
  Link:Adult Safeguarding Operational Procedures: Adults at Risk of Harm and Adults in Need of Protection 2016

• Adult Safeguarding: Prevention and Protection in Partnership 2015

  Adult Safeguarding: Prevention and Practice in Partnership 2015 constitutes a policy of practices that need to be followed to support effective and robust adult safeguarding practices. It highlights the importance of ensuring that adults that have experienced abuse are provided access to support, and aims to reduce incidences of harm, abuse and exploitation of adults at risk by raising awareness of effective adult safeguarding practices and policy, including responses to suspected and reported abuse.
  
  Link:Adult Safeguarding: Prevention and Protection in Partnership 2015

• Commissioner for Older People in Northern Ireland (COPNI)

  The Commissioner for Older People in Northern Ireland provides information and guidance centred on safeguarding and protecting older adults, and also gives information about the types of abuse and appropriate responses.
  
  Link:www.copni/org.uk

• Northern Ireland Social Care Council (NISCC) – Standards of Code of Conduct for Social Care Workers

  NISCC is the regulatory body for the social care workforce across Northern Ireland, it maintains professional standards and guidance. Its Standards of Code of Conduct for Social Care Workers provides advice and guidance on professional practice for social care workers.
  
  Link:NISCC Social Care Workers’ Book

• Regulation and Quality Improvement Authority (RQIA)

  The Regulation and Quality Improvement Authority (RQIA) offer information relevant to safeguarding adults. They offer advice and guidance across a wide range of topics.
  
  Link:https://www.scie.org.uk/about/

Safeguarding Adults Legislation in Wales

In the UK, we have pieces of safeguarding adults legislation and guidance that are relevant across the nation, but we also have pieces that are country-specific. Here we list and summarise the pieces that are specific to Wales.

• Inspection of Social Care Act 2016

  The Inspection of Social Care Act 2016 places service quality and improvement at the heart of regulation, strengthening protection for those who need it, whilst ensuring services deliver high quality care and support.
  
  Link:Inspection of Social Care Act 2016

• Social Services and Wellbeing Act 2014

  The Social Services and Wellbeing Act 2014 constitutes a legal framework for improving the wellbeing of people by outlining safeguarding provision for both adults and children who need care and support. In relation to adults, ‘wellbeing’ includes physical, intellectual, emotional, social and behavioural development as well as ‘welfare’.
  
  Link:Social Services and Wellbeing Act 2014

• Working Together to Safeguard People

  Working Together to Safeguard People comprises of seven volumes of statutory guidance, the goal of which is to implement and follow the Social Services and Wellbeing Act 2014. For the purposes of adult safeguarding practice, Volumes 1, 3, 4 and 6 are especially relevant.

• Code of Professional Practice for Social Care 2017

  The Code of Professional Practice for Social Care 2017 provides an outline of the expected professional conduct of anyone employed in the social care sector. It also informs social care worker employers of the policies and procedures social care workers must meet. Central to the Code is a drive to improve outcomes for individuals receiving care and promote their wellbeing.
  
  Link:Code of Professional Practice for Social Care 2017

• Navigating Social Services (Older People’s Commissioner for Wales) 2016

  The Navigating Social Services document provides information and guidance for older adults, outlining their rights and how people are protected. It also reflects the duties set out in the Social Services and Wellbeing (Wales) Act 2014.
  
  Link:Social Services and Wellbeing (Wales) Act 2014

• Care Information and Learning Hub (the Hub)

  The Care Information Learning Hub provides a wealth of resources to support understanding around the implementation of social care legislation in Wales as part of a national training programme to enable practitioners to develop robust knowledge of safeguarding practices to reduce adult abuse and neglect.
  
  Link:The Information and Learning Hub (the hub)

• Care Inspectorate Wales

  The Care Inspectorate Wales inspects and regulates health and social care services in Wales by providing guidance for services on safeguarding practice and how they underpin and contribute towards effective safeguarding.
  
  Link:https://careinspectorate.wales/