Safeguarding Adults at Risk of Harm a Legal Guide for Practitioners

The Ministry of Health and the Institute of Excellence for Social Welfare have published guidance on the legal framework underlying the protection of adults at risk of harm. The guide aims to bring nurses closer to the current legal situation, but warns that the law is changing and each case must be considered individually. ADULT SERVICES SAW REPORT 50Protecting Vulnerable Adults: A Legal Guide for PractitionersPUBLISHED DECEMBER 2011 This guide is intended as an indication of the law and its application. It attempts to explain the law in reasonably simple terms, so that it is selective and does not contain all the details of each area of the law covered. When it comes to the law, more advice is often needed, but knowledge of it can help practitioners ask the right kind of question and explore possible solutions. This practical guide, commissioned by the Department of Health, describes the legal basis for protecting vulnerable adults at risk in England. It aims to provide practitioners with information on how to help and protect people and explains the law in relatively simple terms. While it is primarily aimed at practitioners, it can also be useful for volunteers and family members. By way of introduction, 21 case studies are included with instructions on how they should be treated.

Part B provides an overview of the legal framework in the following sections: the government`s “No Secrets” guidelines; the most important human rights in terms of protection, justice and empowerment; and legal actions and complaints under the Mental Capacity Act 2005. The areas of whistleblowing, provider and staff regulation, financial abuse and property damage, physical and psychological harm, sexual harm, as well as protection orders, injunctions and other trespassing are also covered. [Note: The information in this report is now out of date. The Care Act 2014 now sets out the legal framework for how local authorities and their partners should work to protect adults in need of care and support from abuse or neglect.

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