Understanding the Core Eligibility Criteria
Safeguarding adults is a process designed to protect a person's right to live in safety, free from abuse and neglect. In England, the legal framework is primarily defined by the Care Act 2014, which establishes a clear set of criteria for when a local authority must make enquiries into a safeguarding concern. This framework helps to identify and support adults who are unable to protect themselves due to their specific needs. Understanding these criteria is essential for anyone who works in care, provides support for a family member, or is concerned about a vulnerable individual in their community.
The Three-Part Eligibility Test Under the Care Act 2014
For an adult to be eligible for statutory safeguarding enquiries under Section 42 of the Care Act 2014, they must meet three core conditions. It is important to note that these conditions are cumulative; all three must be met for the duty to apply.
- They have needs for care and support: This does not mean they are currently receiving services from a local authority. The need for care and support can arise from many different circumstances, such as age, disability, or illness. This includes a wide range of individuals who might not be immediately obvious as needing formal care, but whose circumstances make them more susceptible to harm.
- They are experiencing, or are at risk of, abuse or neglect: This covers a broad spectrum of harm, from physical violence to financial exploitation. The risk does not need to be current; a concern about a future or potential risk can be enough to trigger a safeguarding enquiry.
- As a result of their care and support needs, they are unable to protect themselves against the abuse, neglect, or the risk of it: This is a crucial distinction. It is not just about having care needs and being at risk, but about the specific link between the needs and the inability to self-protect. A person who is otherwise able to protect themselves, but makes an unwise choice, may not be eligible for safeguarding under these specific criteria, though other support might be available.
Who is an Adult with Care and Support Needs?
The term 'adult with care and support needs' is intentionally broad to cover a diverse range of people over 18 years old. It is a person-centric approach that focuses on the individual's situation rather than categorizing them by a specific condition. Examples of individuals who might fall into this category include, but are not limited to:
- Older people who are frail due to ill health or a cognitive impairment.
- People with a physical or learning disability.
- Individuals with mental health needs, including conditions like dementia or a personality disorder.
- Those with a long-term illness or chronic condition.
- Individuals who misuse substances or alcohol.
- Carers (such as family or friends) who are themselves subject to abuse.
Defining Abuse and Neglect in a Safeguarding Context
Abuse can take many forms, and safeguarding teams are trained to investigate a wide range of concerns. The categories include:
- Physical abuse: Includes assault, hitting, slapping, pushing, misuse of medication, or inappropriate restraint.
- Domestic abuse: Encompasses psychological, physical, sexual, financial, and emotional abuse, as well as 'honour'-based violence.
- Sexual abuse: Including rape, sexual assault, and sexual harassment.
- Psychological or emotional abuse: Such as threats, humiliation, isolation, or verbal abuse.
- Financial or material abuse: The theft or misuse of money, property, or benefits.
- Modern slavery: Trafficking, forced labour, and domestic servitude.
- Discriminatory abuse: Based on race, gender, age, disability, sexual orientation, or religion.
- Organizational abuse: Neglect or poor practice within an institution or service.
- Neglect and acts of omission: Failing to provide for basic needs like food, medical care, or heating.
- Self-neglect: When an individual neglects their own needs, such as hygiene, health, or living conditions.
Mental Capacity and the Right to Self-Determination
The Mental Capacity Act 2005 (MCA) is a vital companion to safeguarding legislation. It is based on five key principles, including the assumption of capacity and the right to make an unwise decision. A key difference between safeguarding adults and children is the principle of self-determination.
For an adult, intervention against their wishes is only possible if they lack the mental capacity to make the specific decision in question. The MCA provides a two-stage test to determine this:
- Is there an impairment of, or a disturbance in the functioning of, the mind or brain?
- Does that impairment mean the person is unable to make a specific decision when they need to?
If a person is assessed as having capacity, their wishes must be respected, even if they put themselves at risk. Safeguarding efforts would then focus on providing information, support, and harm reduction, rather than imposing decisions upon them.
| Feature | Adult Safeguarding (Under Care Act 2014) | Child Protection (Under Children Act 1989) |
|---|---|---|
| Principle of Consent | Centered on individual self-determination. Intervention without consent only if mental capacity is lacking for the specific decision. | Primary consideration is the best interests of the child. Intervention can happen against a parent or child's wishes to ensure safety. |
| Core Eligibility | Needs for care and support, risk of abuse/neglect, and inability to self-protect due to needs. | Focus on the child suffering or being at risk of significant harm. |
| Legal Framework | Governed by the Care Act 2014 and the Mental Capacity Act 2005 (in England). | Governed by the Children Act 1989. |
| Decision-Making | Aims to empower the adult to make their own choices, unless proven to lack capacity. | Authority acts in the 'best interests' of the child, potentially overriding their wishes. |
| Capacity Assessment | Relies on the Mental Capacity Act's decision-specific test, respecting unwise decisions. | Assesses a child's understanding and maturity (Gillick competency), but parental responsibility remains central. |
How to Raise a Safeguarding Concern
Anyone can raise a concern about an adult's welfare if they believe they are experiencing or at risk of abuse or neglect. There is no requirement to be a professional, and acting on a suspicion is crucial. Paid and volunteer care staff have a duty to report concerns.
- Report to Your Manager or Designated Safeguarding Lead: If you work for an organization, follow its internal policies for raising a concern. This is the first and most immediate step.
- Contact the Local Authority: Call the adult social care team at the local council where the adult lives. They have a duty to investigate concerns.
- Involve the Police: If you believe a crime has been committed, such as physical assault or fraud, contact the police. In an emergency, dial the emergency services.
- Use a Confidential Helpline: For confidential advice or to report concerns, organizations like Hourglass (for older adults) provide support.
Conclusion: A Proactive Approach to Adult Safeguarding
The eligibility criteria for safeguarding adults are a crucial part of the safety net for vulnerable individuals. By understanding the three-part test—needs for care, risk of abuse, and inability to self-protect—we can better identify who needs help and how to support them. It is important to remember that this process is built on principles of empowerment and protection, respecting an individual's right to make their own decisions wherever possible, while intervening appropriately when capacity is impaired. The system relies on everyone, from care professionals to concerned citizens, to be vigilant and raise concerns when something is not right. A proactive, multi-agency approach ensures that safeguarding is not a last resort, but an integrated part of a supportive community. For more comprehensive information on adult safeguarding, consult resources from authoritative bodies like the Social Care Institute for Excellence (SCIE).
