Not just in the Mental Capacity Act: using the law to protect vulnerable adults
| Pages | 25-31 |
| Date | 22 June 2009 |
| Published date | 22 June 2009 |
| DOI | https://doi.org/10.1108/14668203200900011 |
| Author | David Hewitt |
| Subject Matter | Health & social care,Sociology |
The Journal of Adult Protection 6OLUME)SSUEs-AY © Pavilion Publishing (Journals) Limited 25
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Research paper
What is abuse?
It seems that vulnerable adults face many threats.
According to No Secrets:
‘Abuse may consist of a single act or repeated acts. It may
be physical, verbal or psychological. It may be an act
of neglect or an omission to act, or it may occur when a
vulnerable person is persuaded to enter into a financial or
sexual transaction to which he or she has not consented
or cannot consent’. (Department of Health & Home
Office, 2000)
Like abuse itself, the means by which it can be addressed
are manifold. They may be found in a wide range of
statutes, some of which are well known, and some not.
Those are not, however, the only means to that end. As
the Law Commission notes, ‘It is likely that the provision
of appropriate care packages may, except in the most serious
cases, help to minimise the risk of abuse or neglect’ (Law
Commission, 2008, para 4.268).
What is vulnerable?
It is, of course, the ‘vulnerable’ that must be protected
from abuse, but who are they? (Hewitt, 2009). The notion
precedes the adult protection guidance. It is a feature,
for example, of the special measures available to certain
witnesses in criminal proceedings (Youth Justice and
Criminal Evidence Act 1999, s16) and also appears in the
Care Standards Act 2000.
abstract
key words
-ENTAL#APACITY!CT
VULNERABLEADULTSSAFEGUARDING
ABUSECARESTANDARDS
6ULNERABLEADULTSHAVERECENTLY
GAINEDGREATERPROTECTION!LOT
of attention has focused on the
effect of the
-ENTAL#APACITY!CT
-#!ANDTHE3AFEGUARDING
6ULNERABLE'ROUPS!CT
BUT
MANYSIGNIlCANTPROVISIONSCAN
BEFOUNDELSEWHERE)TMAYBE
THATTHOSEPROVISIONSANDTHE
POSSIBILITIESTHEYINTRODUCEARE
NOTFULLYUNDERSTOODBYTHOSEWHO
COULDMAKETHEBESTUSEOFTHEM
4HATWOULDBEUNFORTUNATE7HERE
ITENJOYSPOWERSFORADULTPROTECTION
PURPOSESAPUBLICAUTHORITYMIGHT
HAVETOEXPLAINANYFAILURETOUSE
THEMPARTICULARLYWHERETHATFAILURE
HASUNFORTUNATECONSEQUENCES
4HISPAPERDOESNOTDEALDIRECTLY
WITHTHELAWONADULTSOCIALCARE
.OREVENINGENERALTERMSDOES
ITDESCRIBETHELAWRELATINGTOTHE
SAFEGUARDINGOFVULNERABLEADULTS
)TDOESHOWEVERDISCUSSSOMEOF
THEMORESIGNIlCANTADULTPROTECTION
PROVISIONSANDINTHEPROCESSREFERS
to the
No Secrets
GUIDANCEWHICH
WASPUBLISHEDINANDREMAINS
THECHIEFRESOURCEFORADULTPROTECTION
WORK$EPARTMENTOF(EALTH(OME
/FlCE
$AVID(EWITT
7EIGHTMANS,,06ISITING&ELLOWIN,AW AT
.ORTHUMBRIA5NIVERSITYAND6ISITING&ELLOWIN
(EALTHAND3OCIAL#AREAT,INCOLN 5NIVERSITY
.OTJUSTINTHE-ENTAL
#APACITY!CTUSINGTHELAW
TOPROTECTVULNERABLEADULTS
This paper commences with two key questions of definition.
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