When Safeguarding Duties Apply

Safeguarding duties apply to any adult (a person 18 years of age or above), regardless of mental capacity who:

1. Has needs for Care and Support (whether these have been assessed or are being met by the Local Authority or not);
2. Is experiencing, or at risk of experiencing abuse or neglect; and
3. As a result of Care and Support needs is unable to protect themselves against the risk of, or the experience of, abuse or neglect.

This includes, but is not limited to adults with Care and Support needs being met:

1. Through adult Care and Support;
2. Through children's services (e.g. a 0-25 team or education services);
3. By the NHS (e.g. in a hospital or through NHS Continuing Healthcare); and
4. By an informal carer (such as a family member or friend) or a formal carer arranged outside of adult Care and Support (for example by a faith or charity).

The safeguarding duty as set out in Section 42 of the Care Act does not apply to carers. However, the Local Authority is required to consider the carer’s wellbeing in any carer’s assessment and protection from abuse and neglect is part of the definition of wellbeing under the Act. The Care Act Statutory Guidance sets out that a safeguarding response should be considered and may be an appropriate and proportionate way to respond when a carer experiences unintentional or intentional harm from the adult they are trying to support. Consideration needs to be given to whether support can be provided that mitigates the risk and whether other agencies should be involved.

Whenever a concern is raised by, or against a carer it is important to view the situation holistically and consider the safety, needs and individual wellbeing or both the carer and the adult in any subsequent decisions made or action taken.