care act 2014: the new legal framework for adult safeguarding tim spencer-lane pasuk bsab seminar...
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Care Act 2014: the new legal framework for adult safeguarding
Tim Spencer-Lane PASUK BSAB seminar – 15 May 2014
Public law framework
Social care and NHS legislation
Common law and
public law obligations
No Secrets guidance
Mental health and incapacity
legislation
Public health law
Regulation of health and social care professionals
Disclosure and barring service
Care Quality Commission and the regulation of care provision
Whistle-blowing
Criminal offences and civil torts
anti-social behaviour civil injunctions
Other safeguarding law
Care Bill 2013-14
Clause 1: Duty to promote individual well-being
Clause 1: well-being decision-making
Assumption that the person is
the best judge oftheir well-being
Assumption that the person is
the best judge oftheir well-being The person’s
views, wishes and feelings
The person’s views, wishes and
feelings
Have regard to all the adult’s
circumstances
Have regard to all the adult’s
circumstances
Full participationin decision making
Full participationin decision making
Balance with well-beingof carers
Balance with well-beingof carers
Protect from abuse and
neglect
Protect from abuse and
neglect
Minimum restrictions
Minimum restrictions
Individual well-being
Individual well-being
2. The process for assessmentClauses 9-13: assessment and
eligibility
Duty to assess where adult appears to need care and support
Right to refuse an assessment
New national Assessment regulations set at “substantial”
Clause 42: safeguarding enquiries
having money or other property stolen
being defrauded
being put under pressure in relation to money or other property
having money or other property misused
Clause 42(3): financial abuse
Duty on local authority to establish an SAB
Objective is to help and protect adults at risk of abuse or neglect
SAB may do anything necessary or desirable to achieve this aim
NHS and police must nominate members with required skills and experience
Statutory safeguarding adults reviews (clause 44)
Duty to provide information to an SAB (clause 45)
Clause 43 and schedule 2: Safeguarding Adult Boards
Adult Social Care Project
No new power of entry to speak to a person at risk of abuse and neglect
Repeal of section 47 of the National Assistance Act 1948
Safeguarding powers
Extended Human Rights Act protection
Rights to advocacy
Cap on care costs and duty to provide personal budgets
New rights to carer’s assessments and
services
A new appeals process against local authority
decisions
Duties to co-operate and promote integration
Duty to prevent needs for care and support
Care and support in prisons
Other reforms
New No Secrets guidance
Increased use of the High Court to safeguard
adults?
Draft Regulation of Health and Social Care Professionals etc Bill
2014
Increased divergence between the UK
countries on adult safeguarding
Future developments
