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About this book

Working to safeguard adults is a complex area of practice that requires careful balancing of autonomy, protection and risk. In order to make good, lawful judgements about when and how to intervene, practitioners therefore need to have a comprehensive understanding of how the law applies to safeguarding adults.

In this text book best-selling author Alison Brammer brings together the many strands of adult safeguarding to provide a succinct guide to the legal framework. Designed to equip practitioners with the relevant knowledge for practice, it lays out the current legislation and guidance and applies it to different areas of adult safeguarding, including defining 'abuse', assessing capacity and dealing with cases of criminal law. The book goes on to analyse key examples of serious case reviews, including the cases of Steve Hoskin and Michael Gilbert.

Whether taking a module on Social Work Law or Safeguarding, or a qualified Social Worker, this concise guide to a key aspect of practise is essential reading.

Table of Contents

Introduction

Abstract
At a Glance this Chapter Covers:
  • emergence of adult safeguarding as a social problem
  • essential terminology
  • attempts to arrive at a definition of adult abuse
  • types of abuse
  • extent of abuse
  • subject of abuse
  • use of law
  • impact of the Human Rights Act 1998
  • outline of subsequent chapters
Alison Brammer

1. Guidance, Policies and Procedures

Abstract
At a Glance this Chapter Covers:
  • key guidance on safeguarding adults, No Secrets
  • discussion of the No Secrets review
  • the National Framework for Safeguarding Adults
  • statement of government policy on adult safeguarding
  • Association of Directors of Adult Social Services and Local Government Association advice
  • multi-disciplinary working
  • communication and sharing information
Alison Brammer

2. Support and Prevention

Abstract
At a Glance this Chapter Covers:
  • No Secrets’ emphasis on prevention
  • raising awareness
  • community care services and eligibility criteria
  • personalization
  • support provisions within mental health law
  • role of carers
  • transitions and leaving care
  • Care Act 2014 and ‘well-being’
Alison Brammer

3. Criminal Law and Safeguarding

Abstract
At a Glance this Chapter Covers:
  • abuse as crime
  • crime prevention
  • the decision to prosecute
  • specific offences
  • special measures
  • the appropriate adult
  • sentencing and aggravating factors
  • criminal injuries compensation
Alison Brammer

4. Capacity and Safeguarding

Abstract
At a Glance this Chapter Covers:
  • the Mental Capacity Act 2005 and Code of Practice
  • assessing capacity
  • key principles
  • best interests
  • decision-making where an individual lacks capacity
  • lasting powers of attorney and deputyship
  • the Court of Protection
  • Deprivation of Liberty Safeguards
  • the Independent Mental Capacity Advocate
Alison Brammer

5. Regulation

Abstract
At a Glance this Chapter Covers:
  • regulation of individuals — the Safeguarding Vulnerable Groups Act 2006
  • professional regulation — the Health and Care Professions Council
  • the role of the Care Quality Commission
  • regulation of residential accommodation
  • whistleblowing
Alison Brammer

6. Other Legal Provision

Abstract
At a Glance this Chapter Covers:
  • the role of the civil law of tort and contract
  • gifts and undue influence
  • domestic violence injunctions
  • forced marriage
  • complaints
  • section 47 National Assistance Act 1948
  • powers of entry
  • Trading standards and environmental health issues
  • housing
  • mental health law
  • Equality Act 2010
Alison Brammer

7. Messages from Serious Case Reviews

Abstract
At a Glance this Chapter Covers:
  • the role and structure of Safeguarding Adults Boards
  • safeguarding adults reviews under the Care Act 2014
  • a selection of serious case reviews
  • the emphasis on learning lessons from reviews
Alison Brammer

8. Conclusion: Key Developments Across the UK

Abstract
At a Glance this Chapter Covers:
  • new legislation
  • links to other areas of practice
  • comparison of the law in England, Scotland and Wales
Alison Brammer
Additional information