Who uses this Legislation?
The example scenarios in the previous section demonstrated the various agencies who use the legislation to help protect scam victims. To summarise:
The Mental Capacity Act 2005:
If there are concerns around an individual's mental capacity regarding an act or decision a Social Worker will normally complete a capacity assessment but will do so in consultation with those closest to the individual or,
if un-befriended, with a specialist advocate called an Independent Mental Capacity Advocate.
The Care Act 2014:
Adult Social Care will normally process an initial referral relating to a concern of abuse and determine if the case will trigger a Safeguarding Enquiry.
It is a criminal offence to breach these regulations and offenders can be fined or given a custodial sentence of up to two years.