CHAPTER 24Care and Support Statutory Guidance
Safeguarding
24.4Safeguarding individual adults 24.13Safeguarding Adults Boards Cases
24.18Z v United Kingdom Application no 29392/95, (2001) 4 CCLR 310 Article 3 imposes a duty to take reasonable steps to provide effective protection to children and other vulnerable persons whom the state knows, or ought reasonably to know, are being subject to inhuman or degrading treatment
24.19Re Z (An Adult: Capacity) [2004] EWHC 2817 (Fam), (2005) 8 CCLR 146 Local authorities were required to investigate, where it appeared that a vulnerable adult intended to undertake an assisted suicide, to ensure that the adult was competent properly, informed and not improperly influenced; but it had no power to stop an adult with capacity taking that course
24.20A Local Authority v A [2010] EWHC 978 (Fam), (2010) 13 CCLR 404 Article 5 ECHR imposed a duty on local authorities to take reasonable steps to prevent the deprivation of liberty of a child or vulnerable adult that it knows or reasonably ought to know about
24.21MAK and RK v United Kingdom Application nos 45901/05 and 40146/06, (2010) 13 CCLR 241 Disproportionate actions by a hospital doctor, resulting in his erroneously concluding that parents had abused their daughter, were incompatible with Article 8 ECHR
24.22Đorđević v Croatia Application no 41526/10, (2012) 15 CCLR 657 The authorities had been in breach of Articles 3 and 8 ECHR in failing to prevent children harassing a man with significant disabilities and his mother
24.23A and S (Children) v Lancashire CC [2012] EWHC 1689 (Fam), (2012) 15 CCLR 471 A failure properly to place looked after children with a view to securing their adoption breached their rights under Articles 3, 6 and 8 ECHR
24.24Somerset CC v MK [2014] EWCOP B25 Serious breaches of proper safeguarding procedures and the DOLS resulted in a deprivation of liberty in breach of Articles 5 and 8 ECHR
24.1The Care Act 2014:
•imposes a new safeguarding duty on local authorities, to safeguard adults who have needs for care and support, are experiencing or at risk of abuse or neglect and are unable to protect themselves (section 42);
•sets up Safeguarding Adults Boards to help and protect adults at risk of abuse or neglect by co-ordinating the work of agencies, strategic and monitoring work (sections 43–45).
24.2The Care and Support Statutory Guidance provides guidance on these functions at Chapter 14, which replaces the No Secrets guidance.
See also: