Adult safeguarding in Wales: one step in the right direction
| Date | 14 August 2017 |
| Published date | 14 August 2017 |
| Pages | 175-186 |
| DOI | https://doi.org/10.1108/JAP-05-2017-0021 |
| Author | John Williams |
| Subject Matter | Health & social care,Vulnerable groups,Adult protection,Safeguarding,Sociology,Sociology of the family,Abuse |
Adult safeguarding in Wales: one step
in the right direction
John Williams
Abstract
Purpose –The purpose of this paper is to consider the background to the recent changes to adult
safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being
(Wales) Act 2014 and discuss their potential impact.
Design/methodology/approach –The paper relies on a range of material including reports published by
the Law Commission, the National Assembly for Wales and other public bodies. It also refers to academic
and practitioner material in journals and government guidance.
Findings –Although the SocialServices and Well-being (Wales)Act 2014 introduced many changes in adult
safeguardingin Wales, not least the duty to makeenquiries, it does not take the opportunityto include statutory
powers of barringand removal. The introductionof Adult Protection and SupportOrders (APSOs) is a cautious
step forward–perhaps it is too cautious. More researchin needed on the different approaches acrossthe UK.
Research limitations/implications –At the time of publication, the full effect of the new legislation has not
been seen. Local authorities and others are coming to terms with the new provisions. No data on the impact
of the new legislation are yet available. The paper identifies future research evaluating the working of the
different approaches to safeguarding within the UK.
Practical implications –For practitioners, the new legislation provides opportunities to rethink the
approach to safeguarding. The lower threshold for referrals will mean an increase in caseloads and the need
to react to both low- and high-risk cases. For authorised officers, the practical issues identified relate to the
circumstances in which an APSO may be sought and what can be put in place to protect the adult at risk
once the order has been used.
Social implications –For those who experience abuse or neglect, the new legislation provides additional
support when compared to the POVA process. The duty to make enquiries and the duty to report will
hopefully strengthen protection and, with a lower threshold for referral, enable more preventative work to be
done at an earlier stage. Whether the new APSO will make a difference remains to be seen.
Originality/value –As this is new legislation, there is very little analysis of the implications of the Social
Services and Well-being (Wales) Act 2014 in relation to safeguarding. This paper presents anoverview and, in
places, a critical analysis of the new safeguarding duties.
Keywords Well-being, Social care, Safeguarding, Adults at risk, Wales, Devolution,
Adult Protection and Support Orders, Statutory powers
Paper type Research paper
Introduction
The Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) was an early Act of the
National Assembly for Wales (the Assembly) after gaining primary law-making powers under the
Government of Wales Act 2006. The Assembly can only legislate on the “subjects”listed in
Schedule 7 of that Act (Williams, 2014). Schedule 7 includes health and health services, housing
and social welfare, but not policing, criminal justice and the courts; these stay with Westminster.
This complicates police involvement in safeguarding, particularly when using their resources in
the new safeguarding framework. Welsh social care law previously followed England, although
Wales could nuance law applied within its boundaries. Welsh adult safeguarding had no legal
framework before the 2014 Act. Practitioners followed the “In Safe Hands”Guidance issued
under the Local Authority Social Services Act 1970 (National Assembly for Wales, 2000).
This was similar to England’s“No Secrets”(Department of Health, 2000). The 2010 review of
Received 1 May 2017
Revised 30 May 2017
7June2017
Accepted 10 June 2017
John Williams is based at the
Aberystwyth University,
Aberystwyth, UK.
DOI 10.1108/JAP-05-2017-0021 VOL. 19 NO. 4 2017, pp. 175-186, © Emerald Publishing Limited, ISSN 1466-8203
j
THE JOURNAL OF ADULT PROTECTION
j
PAG E 17 5
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