Response to the Government’s 'Consultation on a New Safeguarding Power'

19th October 2012

The Commission welcomes the opportunity to respond to the Government’s consultation on a new safeguarding power.

Adult safeguarding is intrinsically linked to human rights and as a result the topic falls within the Commission's statutory duties.

The Commission supports the introduction of a power to enter premises for local authority representatives to allow them to speak to someone with mental capacity that the local authority is concerned could be at risk of abuse and neglect, where a third party is preventing access.

Evidence from the Commissions' Disability Harassment Inquiry indicates that abuse and neglect of disabled people often occurs behind closed doors where they live and that the perpetrators of abuse and neglect are often living with or visiting the victim. Evidence from the Commission's Inquiry into Older People and Human Rights in Home Care revealed many instances of home care that raised real concerns, including failure to support the individual to eat and drink and instances of physical abuse.

The Commission believes that legislating for a power to enter for local authority representatives, (together with the proposed duty to investigate) will address a gap in the law and clarify the role and responsibilities of local authorities in adult safeguarding investigations. It should lead to local authorities intervening more effectively in response to allegations or suspicions of abuse and neglect with the aim to prevent further abuse or harm.

However, as discussed throughout our response, adult safeguarding, and any use of a power to enter in particular, must achieve a balance between safety and security whilst avoiding over-protectiveness that negatively impacts on individuals human right to respect for private and family life (Article 8 European Convention on Human Rights).

Download the full Consultation response

Last Updated: 30 Oct 2012