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Chapter 3 - Legislative Framework

the Care Act (2014) - Safeguarding

What Triggers a Safeguarding Concern for the Local Authority?

When an instance of abuse is reported to the Local Authority a safeguarding (section 42) enquiry will be undertaken if the following criteria are met:

The individual has needs for Care and Support (whether or not the Local Authority is meeting those needs);The individual is experiencing, or is at risk of, abuse or neglect; and As a result of those needs is unable to protect themselves from abuse or neglect. Example scenario:

A Trading Standards Officer (TSO) visits Mrs R after a call from her carer who is concerned that Mrs R is responding to, and sending money to, a clairvoyant scam. On the visit the TSO recognises that Mrs R is a an adult at risk and is receiving care in order to meet her Adult Social Care needs such as shopping and helping her manage her finances.

The TSO report their concerns to Adult Social Care who conclude that Mrs R is being financially abused and instigate a safeguarding enquiry. A Social Worker is assigned to Mrs R's case and works with the TSO and Mrs X to help her implement measures that will reduce the risk of further financial abuse.

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