Safeguarding
As outlined in the in the London Multi Agency Safeguarding Policy and Procedures, there are four stages that should be followed when undertaking a Section 42 Enquiry:
Stage one: Concerns – A concern is raised about an adult who has or appears to have care and support needs and may be subject to or at risk of abuse or neglect and unable to protect themselves because of their care needs. The Local Authority needs to establish the immediate safety of the adult, assess risk and make initial enquiries (known as a section 42.1 in Camden) to decide if these 3 criteria are met and a statutory Safeguarding Enquiry is required, or other action is required.
Stage two: Enquiry – Once the local authority is aware of a concern that meets these 3 criteria, it will undertake an Enquiry to establish whether and what action needs to be taken to prevent or stop abuse or neglect (known as a section 42.2 in Camden).
Stage three: Safeguarding Plan and Review – The safeguarding plan outlines what actions are needed, who is responsible for each action and the timescale agreed. The Review will evaluate the effectiveness of the safeguarding plan.
Stage four: Closing the Enquiry – The enquiry can be closed at any stage; however the individual should be made aware of whom to contact if there are further concerns. There should also be evidence of the reason for the decision, including the views of the adult.
Please note: what was called the section 42(1) initial enquiry is now known as section 42(1) information gathering.
There is detailed guidance for recording section 42.1, section 42.2, and out of borough workflows in our Mosaic section.
Safeguarding forms, including meeting templates and multi-agency referral and request forms, should be used when conducting each stage of the enquiry.
Further information on section 42.1 and section 42.2 enquiries is available in the ADASS guidance note.