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Who takes the lead in adult safeguarding issues? A comprehensive guide.

4 min read

According to the Social Care Institute for Excellence (SCIE), effective safeguarding relies on multi-agency cooperation, but leadership is clearly defined. So, who takes the lead in adult safeguarding issues? Let's uncover the roles and responsibilities involved in protecting adults with care and support needs.

Quick Summary

The local authority holds the statutory lead coordinating role for adult safeguarding concerns, but the process involves multiple partners. The police take primacy if a criminal offense is suspected, and individual organizations have their own designated leads.

Key Points

  • Local Authority Leads Coordination: The adult social services department of the local authority has the statutory duty to coordinate multi-agency safeguarding enquiries under the Care Act 2014.

  • Police Lead Criminal Investigations: If a criminal offense is suspected, the police take the primary lead, and their investigation takes precedence over other enquiries.

  • Multi-Agency is Key: Effective safeguarding involves a network of agencies, including the NHS, care providers, and housing organizations, all cooperating in the best interest of the adult at risk.

  • Designated Leads Manage Internal Matters: Most organizations have a designated safeguarding lead (DSL) responsible for internal policies, training, and making external referrals.

  • The Adult at Risk is the Focus: The principle of 'Making Safeguarding Personal' ensures that the adult's wishes, capacity, and desired outcomes are central to the entire process.

  • SABs Provide Strategic Oversight: The Safeguarding Adults Board (SAB) ensures partner agencies are working effectively together and learns from reviews to improve future practices.

In This Article

Understanding the Multi-Agency Approach

Adult safeguarding is not the responsibility of a single person or organization. It operates on a multi-agency framework, recognizing that no single body has a complete view of a person's situation. Instead, a network of different agencies collaborates to protect and support adults at risk. This collaboration is guided by legislation, such as the Care Act 2014 in the UK, which establishes a framework for how different bodies work together. The goal is to ensure timely and effective responses to potential abuse or neglect, while prioritizing the individual's wellbeing and wishes.

The Local Authority: The Coordinating Leader

The local authority's adult social services department is the statutory lead agency for coordinating adult safeguarding arrangements. Under Section 42 of the Care Act 2014, the local authority has a legal duty to make or cause enquiries to be made when they have reasonable cause to suspect that an adult with care and support needs is experiencing, or is at risk of, abuse or neglect.

This coordinating role involves several key functions:

  • Assessing Concerns: Determining if a reported concern meets the criteria for a formal safeguarding enquiry.
  • Commissioning Enquiries: Identifying who is best placed to lead the enquiry, which could be an internal social worker or another partner agency.
  • Overall Oversight: Retaining accountability for the entire process, even if another organization is conducting the day-to-day enquiry.
  • Ensuring Timeliness: Actively monitoring progress to prevent delays that could put the adult at further risk.

The Police: The Criminal Investigation Lead

When a safeguarding concern involves a suspected criminal offence, the police take the lead in the criminal investigation. Their investigation takes primacy over all other enquiries, but they work closely with the local authority and other agencies. While the police investigate the crime, the local authority maintains its ongoing responsibility to ensure the adult's wellbeing and safety are addressed through a separate safeguarding plan.

Other Essential Agencies and Roles

The multi-agency partnership extends beyond the local authority and police to include a wide range of organizations, all of whom have a duty to cooperate. These include:

  • Health Services: Clinicians, GPs, and hospital staff play a crucial role in identifying abuse, responding to incidents, and supporting an adult's recovery. They can also be the first to flag a concern.
  • Care Providers: Residential and domiciliary care agencies are often on the frontline and must have their own safeguarding policies and designated leads. They are key contributors to any enquiry related to their service users.
  • Housing Organisations: Housing associations and local housing authorities are valuable partners, as housing issues can often correlate with increased risk of abuse or neglect.
  • Designated Safeguarding Leads (DSLs): Within individual organizations, a DSL (or DSO) is the designated point of contact for safeguarding matters. They manage internal concerns, ensure policies are followed, and make referrals to statutory services when appropriate.

Comparison of Lead Agency Responsibilities

Feature Local Authority (Social Services) Police Designated Safeguarding Lead (DSL)
Primary Role Co-ordinates multi-agency enquiries Investigates potential criminal offenses Manages internal safeguarding procedures
Scope Broad oversight of the entire safeguarding process Focused on criminal elements of a case Organization-specific, point of contact for staff
Driving Factor Statutory duty under the Care Act 2014 Legal requirements for criminal justice Internal policies and good practice
Accountability Holds legal accountability for the safeguarding enquiry Reports on criminal investigation outcomes Ensures internal compliance and reporting

The Principle of 'Making Safeguarding Personal'

At the heart of the modern safeguarding approach is the principle of 'Making Safeguarding Personal' (MSP). This means that the adult at risk is the central focus, and their wishes and desired outcomes must be respected wherever possible. The process should be person-led, with practitioners working collaboratively with the individual to help them manage their own risk and achieve their goals. In cases where the adult lacks the mental capacity to make decisions, a representative or advocate must be involved.

The Safeguarding Adults Board (SAB)

At a strategic level, a Safeguarding Adults Board (SAB) oversees the effectiveness of the safeguarding work being carried out by its member and partner agencies. The SAB's role is to ensure all partners are working together effectively and to review cases of serious abuse or neglect, aiming to learn lessons and improve future practice.

Conclusion

While the local authority takes the official lead for coordinating most adult safeguarding issues, it is the collaborative network of multiple agencies that truly drives the process. The police take the lead on criminal matters, but social services remain accountable for the individual's welfare. This multi-agency partnership, with the adult's wishes at its core, ensures a robust and person-centered approach to protecting those most at risk. For more on the statutory framework, visit the government's official guidance on adult care: Care and Support Statutory Guidance.

Frequently Asked Questions

The local authority's adult social services department is the statutory lead agency for coordinating adult safeguarding enquiries. It has a legal duty to make or cause enquiries to be made when it has reasonable cause to suspect an adult with care needs is being abused or neglected.

The police take the lead when a criminal offence is suspected, such as physical assault, theft, or sexual abuse. Their criminal investigation takes primacy, but they work closely with the local authority, which maintains its welfare responsibilities.

A DSL is an individual appointed within an organization to take lead responsibility for safeguarding issues. This person is the main point of contact for internal staff to report concerns and liaises with external statutory agencies.

If an adult has the mental capacity to make their own decisions, their right to self-determination must be respected. The safeguarding process should focus on 'Making Safeguarding Personal' by working with the individual to understand their wishes, help them manage risks, and provide information.

Everyone has a responsibility to report concerns if they believe an adult with care and support needs is at risk. While those working with vulnerable adults have a heightened duty, anyone can and should report their concerns to the local authority.

The NHS and its healthcare professionals play a vital role in identifying, reporting, and responding to abuse. They have a duty to cooperate with the local authority and can provide crucial information and support during an enquiry.

An SAB is a multi-agency body that provides strategic oversight and coordination for safeguarding arrangements in a local area. It helps ensure that partner agencies work together effectively to protect adults at risk.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.