What is safeguarding in general?
Safeguarding can apply in many different walks of life. It is the practice of protecting someone's right to live in safety and be free from abuse and neglect. This means that laws have been put in place to allow authorities to act in order to protect anyone who is at risk of or suffering from abuse or neglect and is not having their needs met.
The Health and Social Care Act 2008
The Health and Social Care Act 2008 was brought in to safeguard people who may be suffering from any form of abuse or improper treatment while receiving care. This means care providers are required to have a zero-tolerance attitude towards abuse, as well as any unlawful discrimination and restraint.
This will include issues such as neglect (ie failure to provide appropriate care), subjecting people to degrading treatment, unnecessary or disproportionate restraint or a deprivation of liberty under the Mental Capacity Act 2005. It is important to note that abuse under this Act refers to any behaviour towards a person who is receiving care that is:
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an offence under the Sexual Offences Act 2003 (eg rape, assault or abuse of a position of trust)
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physical or psychological mistreatment
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theft, misuse or misappropriation of money or property
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neglect
This applies to anyone offering services in the health and social care sector (eg care homes), and so it is essential that all care providers ensure their staff are fully aware of the regulations and abide by them at all times.
Local authority safeguarding duties
Safeguarding duties will apply to anyone the local authority believes to be a person at risk, also known as a ‘vulnerable person’. If there are concerns over the treatment of a vulnerable patient under care, then the local authority is under a duty to open an enquiry.
This may be a simple conversation, or it could take the form of a formal investigation involving other agencies such as GPs or professionals involved in mental health care.
The enquiry will aim to find out the facts of the case and assess whether protection, support or redress is needed for the person concerned. It will then take action to protect them from any further abuse or neglect and make decisions about follow up action.
Failure to comply with the law
If a care provider has been found to be lacking in their safeguarding, then any relevant staff members could be disciplined, or the case will be passed to the police if the inquiry reveals that a criminal offence has been committed. The local authority can then help to prepare a safeguarding plan which will set out the future steps for the patient and any other risk prevention strategies that need to be put in place.
The Care Quality Commission (CQC) also takes safeguarding extremely seriously and any failure in this regard could lead to your CQC rating (ie the scale used to assess the quality of healthcare and social care services in England) being downgraded.
Safeguarding is a very serious matter and needs to be at the forefront of everything you do when providing care. It is essential that all staff members are fully up to date with the safeguarding laws and requirements, as the penalties for failing to comply with the law can be extremely serious, both for the care provider and the person who is supposed to be cared for.
TL;DR
A breakdown of what you should know from this insight:
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safeguarding is about protecting a person’s ability and right to live safe from abuse and neglect
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safeguarding in care settings is about safeguarding vulnerable people specifically
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vulnerable people are those the local authority considers to be someone at risk
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the Health and Social Care Act 2008 governs these safeguarding laws, which require a strict policy against any neglect, degrading treatment, disproportionate or unnecessary restraint or deprivation of liberty
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if the local authority thinks a vulnerable person is being neglected or abused, then they are obligated to start an enquiry
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if a person or business is found to be breaching safeguarding laws in care settings, their Care Quality Commission rating could be downgraded or, if they’ve committed criminal conduct, they may be reported to the police
Remember that you can always Ask a lawyer if you have any questions.
