The statutory safeguarding duties, introduced by the Care Act 2014, apply to an adult over 18 who:

• has needs for care and support (whether or not the local authority is meeting any of those needs)
• is experiencing, or is at risk of, abuse or neglect
• as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect

Where this criteria has been met, the Local Authority has a statutory duty to make (or cause to be made) whatever enquiries it thinks necessary to establish whether and what action needs to be taken to prevent or stop abuse or neglect.

An adult’s care and support needs may be due to a mental, sensory or physical disability; age, frailty or illness; a learning disability; substance misuse; or an unpaid role as a formal/ informal carer for a family member or friend.

Safeguarding duties apply regardless of whether a person’s care and support needs are being met, by the local authority or anyone else and also apply to self-funders who pay for their own care and support services.

The local authority also has safeguarding responsibilities that apply to carers and a duty to promote the wellbeing of the wider population in the communities they serve.