Legal safeguarding guidance for care providers
Key contact: Jenny Wilde
Safeguarding in adult social care is a crucial aspect of ensuring the wellbeing, dignity, and safety of vulnerable individuals, including older adults and individuals with disabilities, at your organisation. This article sets out best practices for safeguarding in adult social care services and ensuring your business stays on the right side of the regulators – and the law.
Who makes the rules on safeguarding in adult social care?
Implementing best practices in safeguarding in the social care sector is essential for your business to prevent abuse, neglect, and exploitation while promoting a culture of respect and protection. In the UK, safeguarding is codified and governed by legislation such as the Care Act 2014 and the Safeguarding Vulnerable Groups Act 2006. Compliance is assessed and enforced by the Care Quality Commission (CQC), which expects care providers to meet safeguarding requirements under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
Understanding safeguarding expectations
Under The Care Act 2014, care providers and professionals must employ multi-agency working to coordinate protection measures. Fundamentally, however, care service operators have detailed and explicit obligations to maintain the safety of their residents and service users.
When safeguarding goes awry
If your care service fails in safeguarding, or is accused of having done so, the CQC can issue warning notices, penalty fines, or even close your home. Furthermore, local authorities may investigate, place restrictions, or move residents to safer care. Finally, your care services can even face legal action if neglect or abuse leads to serious harm. This can result in prosecution and unlimited fines.
Our expert regulatory lawyers at Acuity Law frequently represent social care organisations facing regulatory enforcement actions or investigations. We commonly see allegations of poor handling of abuse and safeguarding concerns, issues arising from staff shortages or inadequate training, poor management and leadership. These organisational flaws frequently result in the sorts of failures or even tragedies we see reported in the press: neglect and poor basic care, dignity issues, poor infection control and unsafe environments, bullying and abuse, unlawful restraint or deprivation of liberty.
Jenny Wilde, Senior Partner in Acuity Law’s Health and Social Care Regulatory Team says: “Providers should understand the importance of constant and thorough risk assessment and the monitoring of incidents in order to identify patterns and trends that point to abuse. Proactive approaches to risk often minimise exposure to the circumstances around abuse that can snowball into significant enforcement action.”
Strong safeguarding policies
In order for your business to stay compliant and ensure that residents or service users are protected from harm, you must implement strong safeguarding policies. Next, you should follow these up with comprehensive, mandatory training on recognising and responding to abuse, neglect, and exploitation.
Regular monitoring and supervision
To maintain high safeguarding standards, your must also ensure regular oversight at your setting. The basics of monitoring for safeguarding red flags includes:
- Conducting internal safeguarding audits and risk assessments to identify potential issues.
- Providing regular supervision and performance evaluations for staff to maintain professional standards.
- Working closely with CQC inspectors and local safeguarding boards to ensure best practices are followed.
- Monitoring residents’ physical, emotional, and mental well-being on an ongoing basis.
Open communication and transparency
Ensuring effective communication can go a long way towards fostering a culture where safeguarding is prioritised. Your organisation should encourage an open-door policy where residents and staff feel comfortable discussing concerns, ensure families and representatives are involved in care decisions and are informed of safeguarding measures, implement a clear and accessible complaints procedure with documented follow-up actions. Additionally, resident and staff feedback mechanisms can also continuously improve safeguarding protocols. A robust and clear internal whistleblowing policy is crucial to empowering staff to highlight and report abuse where they themselves see risk.
If the unthinkable happens…
If an adult is identified as being at risk, your organisation must:
- Raise concerns to the local authority
- Participate in a commissioner led safeguarding enquiry under Section 42 when necessary.
- Engage in a Safeguarding Adults Board (SAB) process, which oversees serious cases.
Conclusion
Safeguarding in social care settings is a shared responsibility requiring diligence, commitment, and continuous improvement. By implementing strong policies, prioritising resident welfare, training staff effectively, and fostering a culture of openness, care providers can create a safe and supportive environment for all residents. Most importantly, compliance with UK legislation and best practices ensures that individuals in care live with dignity, security, and respect.
Our Health & Social Care Regulatory team members are specialists in helping social care business navigate safeguarding issues. If you need legal help or support for safeguarding investigations or other regulatory actions, get in touch today.
