Synopsis
Recognise abuse, neglect and exploitation without equating disability with incapacity, centre the adult's desired outcomes, and combine lawful safeguarding action with supported, decision-specific choice and least restriction.
- Safeguarding protects an adult's right to live in safety, free from abuse and neglect, while promoting wellbeing, wishes, feelings, beliefs and proportionality.
- In England, Care Act section 42 duties apply when an adult has care and support needs, is experiencing or at risk of abuse or neglect, and because of those needs cannot protect themselves.
- Abuse may be physical, sexual, psychological, financial, discriminatory, domestic, organisational, modern slavery, neglect or self-neglect; several forms often coexist.
- Speak to the adult privately and accessibly, establish desired outcomes and immediate danger, preserve evidence, record facts and consult local safeguarding leadership without promising absolute confidentiality.
- Learning disability never proves incapacity. Presume capacity, remove communication barriers and assess only the specific relevant decision if genuine doubt remains.
- A capacitous adult may choose risk, but coercion, crime, risk to others and public-interest information sharing still require separate analysis and proportionate action.
- When capacity is absent, comply with applicable advance decisions and verify authorised decision-makers, otherwise make and record the overall best-interests decision with advocacy; before acting, consider whether the purpose can be achieved as effectively in a way less restrictive of the person's rights and freedom.