Legal literacy
The Care Act
The Care Act 2014 sets out a clear legal framework for how local authorities and other parts of the system should protect adults at risk of abuse or neglect.
Local authorities have new safeguarding duties. They must:
- lead a multi-agency local adult safeguarding system that seeks to prevent abuse and neglect and stop it quickly when it happens
- make enquiries, or request others to make them, when they think an adult with care and support needs may be at risk of abuse or neglect and they need to find out what action may be needed
- establish safeguarding adults boards, including the local authority, NHS and police, which will develop, share and implement a joint safeguarding strategy
- carry out safeguarding adults reviews when someone with care and support needs dies as a result of neglect or abuse and there is a concern that the local authority or its partners could have done more to protect them
- arrange for an independent advocate to represent and support a person who is the subject of a safeguarding enquiry or review, if required
Any relevant person or organisation must provide information to safeguarding adults boards as requested.
Safeguarding adults boards need assurance that local safeguarding arrangements are in place as defined by the Care Act 2014 and statutory guidance.
View the Care Act statutory guidance.
Legal literacy
An article by Suzy Braye and Michael Preston-Shoot discusses the importance of legal literacy in adult social care as the ability to connect relevant legal rules with professional priorities and objectives of ethical practice.
Research in Practice's Legal literacy practice tool aims to support adult social care practitioners in developing legal literacy and using it in their practice. It is designed as an overview of the topic of legal literacy, not as a detailed account of adult social care law.
Case law
The Research in Practice podcast, using case law in social care practice, by Laura Pritchard-Jones and Tony Anyaegbu, uses examples of where case law has had an impact, and has advice on balancing case law with other sources of evidence, as well as top tips for integrating case law into practice.
Community Care Inform Adults case law knowledge and practice hub includes expert-written case law summaries that set out the implications for your practice.
39 Essex Chambers has a case law database that includes summaries and comments upon cases decided by the Court of Protection and other courts considering the Mental Capacity Act (MCA).
For full case details, the British and Irish Legal Information Institute (BAILII) has a searchable case law database.
Mental capacity resources
Preparing to complete a Mental Capacity Assessment is an invaluable brief guide created and kindly shared by Kate Brolly, Norfolk and Waveney Integrated Care Board.
A basic guide to the Court of Protection explains the roles, processes and jargon, useful for professionals and family members
My Adult Still My Child is MCA guidance written for parents/carers of people aged over 16
Promoting Less Restrictive Practice is a practical tool from ADASS (Association of Directors of Adult Social Services and the LGA (Local Government Association) to help analyse if a person’s care is the least restrictive possible.
Introducing the MCA is Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) guidance from the Social Care Institute for Excellence (SCIE).
The aim of the Assessing Mental Capacity and Making Best Interests Decisions document is to provide guidance in accordance with the Mental Capacity Act 2005 (MCA).
The British Institute of Human Rights resources hub has helpful guides and information promoting human rights and includes an easy-read hub.
The Mental capacity guidance vote: relevant information for different categories of decisions lists a range of different decisions you may complete a mental capacity assessment for and includes the relevant information to consider supported by case law.
Special Guardianship Orders
A Special Guardianship Order (SGO) is a private law order made by the Family Court under the Children Act 1989 as a way to provide greater security and stability for children who cannot live with their parents. The Derby and Derbyshire Safeguarding Children Partnership has created a best practice guide on Special Guardianship Orders. It gives practitioners clear principles to help them work well with children and families, alongside following the law and local procedures.