What is a safeguarding referral? A safeguarding referral is the process by which concerns relating to the safety and wellbeing of an adult (or child – although this focuses on adults) can be reported to the relevant supervisory body (usually a local authority) for further investigation. There are statutory obligations on a local authority in dealing with a safeguarding referral. When must a local authority act on a referral? A local authority is under a statutory duty to investigate safeguarding concerns raised when the relevant criteria are met. This occurs when the local authority has reasonable cause to suspect that an adult in its area: has needs for care and support; is experiencing, or is at risk of experiencing, abuse or neglect; and, as a result of their needs, the adult is unable to protect themselves against the abuse or neglect, or the risk of it. What is the threshold for a safeguarding investigation? Needs The adult must have, or there must be reasonable cause to suspect that the adult has needs for care and support. This means that the adult is unable to achieve an outcome (such as managing and maintaining nutrition, being appropriately clothed, carrying out caring responsibilities for a child) which in turn has an effect on their wellbeing. Wellbeing may relate to areas such as personal dignity, physical and emotional wellbeing, protection from abuse and the suitability of living accommodation. Abuse and/or neglect There are a variety of qualifying categories of abuse and neglect, including physical abuse, financial abuse, modern slavery and self-neglect. Risk There must be evidence that there is a material risk to the adult. A potential risk of abuse and/or neglect is unlikely to be sufficient to meet the local authority’s threshold for an investigation. Protection The adult must be unable to protect themselves from the abuse and/or neglect and the reason why the adult cannot protect themselves must be because of their care needs. There needs to be causal link between the care needs and the inability of the adult to protect themselves Example of an adult who should meet the threshold Using an example of an adult who has been assessed as lacking capacity to make their own health and welfare decisions and who is known to not be eating properly: Needs – if the adult is unable to manage and maintain their nutrition (the outcome element), this would have an effect on their physical health (the wellbeing element). Abuse and/or neglect – if the adult is not eating properly, they would experience or would be at risk of experiencing self-neglect (a category of neglect) by not taking proper nutrition. Risk – if the adult is not already experiencing an impact on their health (the self-neglect) there is a clear risk they will do so in the future if the position is not remedied. Protection – the adult is unable to control their behaviour (for example they may not eat at recognised mealtimes, take balanced meals, or ensure have adequate food supplies) as they do not have capacity to do so. The adult’s lack of capacity to manage their nutrition (the outcome element) prevents them from being able to protect themselves from the self-neglect. Outcome of a safeguarding referral If the threshold for a safeguarding investigation is met, the local authority is under a duty to take steps to protect the wellbeing of the adult. Using the example above, if the adult lived at home and a best interests decision was made for them to continue to live in the community, the local authority may arrange for a Meals on Wheels service to ensure the adult has access to sufficient food, or it might implement a care package with calls at mealtimes to ensure the adult is encouraged and supervised with eating. How can Morr & Co help? If you have a concern for a relative or someone in your community, we can advise you as to whether the matter may meet the local authority’s threshold and make a safeguarding referral on your behalf accordingly. We can also review a local authority’s decision not to investigate a referral, as well as advice to professional deputies when they may be required to escalate concerns to the Court of Protection. If you have any questions or would like any further information on the content of this article, please do not hesitate to contact Alice Watkins or an alternative member of our Court of Protection team on 0333 038 9100 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Alice Watkins Associate Solicitor Message Tags Insights On this page Contact our team today to find out more Contact us
