1. Differences in safeguarding children and vulnerable adults
Rachael Clawson
Development Manager
Ann Craft Trust

2. Why have different policies?
Issues for children and adults are not the same
Definitions/terms used differ
Procedures for reporting abuse and handling cases are not the same
Different legislation and policy
Having one policy can complicate matters

3. Definitions – Age and Myths
Child: anyone who has not yet reached their 18th birthday
Vulnerable adult: 18 and above (from 18th birthday)
Myths
Disabled children are covered by Children Act 1989 until age 19
Children aged 16 and over who have left home, are in the armed forced or in custody are not protected under the Children Act. 3

4. Definition – child in need
Child in need - Children Act 1989 s.17 - child who is disabled and/or unlikely to reach or maintain satisfactory level of health/development or health/development will be significantly impaired without provision of services
Child protection is part of safeguarding and promoting welfare. Duty to investigate – Children Act 1989 s.47
Significant Harm – threshold which justifies compulsory intervention in family life in the best interests of the child

5. Definition - ‘Vulnerable Adult’
“Vulnerable adult” is a term used to describe a person who is –
an adult [aged 18 years and over]
AND
who is or may be in need of community care services because of frailty, learning or physical disability or mental health difficulty
who is or may be unable to take care of him or herself or take steps to protect him or herself from significant harm or exploitation”.
[No Secrets 2000] 5

6. What is abuse and neglect? (child)
“Abuse and neglect are forms of maltreatment of a child. Someone may abuse or neglect a child by inflicting harm, or failing to act to prevent harm. Children may be abused in a family or institutional or community setting, by those known to them or...a stranger...They may be abused by an adult/adults or child/children” (WT 2010 p37-8)

7. Categories of abuse - child
Physical
Sexual
Emotional
Neglect

8. What is abuse and neglect? (VA)
‘Abuse is a violation of an individual’s human and civil rights by any other person or persons. It may consist of a single act or repeated acts. It may be an act of neglect, or omission, 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’
[No Secrets 2000] 8

9. Categories of abuse – vulnerable adult
Physical
Sexual
Psychological/Mental/Emotional
Financial or Material
Neglect and Acts of Omission
Discriminatory
Institutional 9

10. Agencies involved in safeguarding children
Local authority – eg social care, housing, education
Police Authority
Health – PCT, Hospital Trust
Probation Service
Youth Offending Service
Cafcass
Connexions

11. Agencies involved in safeguarding vulnerable adults
Police
Local Authority Adult Services
Multi-Agency Public Protection Agency
Housing Agencies
Health
Probation

12. Key Policy and Legislation – children
Safeguarding children is based in legislation and policy placing certain duties and responsibilities on agencies to investigate and/or work together.
Children Act 1989
Protection of Children Act 1999
Adoption and Children Act 2002
Every Child Matters 2003
National Service Framework 2004
Children Act 2004
Local Safeguarding Children Board functions
What to do if you are worried a child is being abused 2006
Children and Young People Act 2008
Laming reports
Working Together to Safeguard Children 2010 12

13. Key Policy and Legislation – Vulnerable Adults
National Assistance Act [section 47]1948/1951
Mental Health Act 1983/2007
Police and Criminal Evidence Act 1984
National Health Service and Community Care Act 1990
Family Law Act 1996
Human Rights Act 1998
Care Standards Act 2000
No Secrets 2000
Sexual Offences Act 2003
Domestic Violence Crime and Victims Act 2004
Safeguarding Adults [ADASS] 2005
Mental Capacity Act 2005/Deprivation of Liberty [April] 2009
Safeguarding Vulnerable Groups Act 2006
There is no one specific piece of legislation in place designed to protect vulnerable adults from harm (Eg nothing comparable to the Children Act 1989).

14. Key documents – vulnerable adults
Multi-agency procedures incorporate the following:
‘No Secrets’: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse [2000]
‘Safeguarding Adults: A national framework of standards for good practice and outcomes in adult protection work’ [2005]

15. Consent issues - child
Safeguarding everybody’s business. If concerns arise about a child these must be reported to the local Children’s Services team (Social Services) and/or police to investigate. You do not need consent from the child or parent/guardian although it is good practice to inform them of any decision to refer on unless this would put the child at greater risk of harm. 15

16. Consent issues – vulnerable adult with capacity to consent
If concerns arise consent must be obtained from the individual concerned before a referral is made to Adult Services or the police. However, if others are at risk of harm the information should be passed to Adult Services or the police even if consent is not obtained. Information about an individual should not be given to family or carers without consent of the individual.

17. Consent issues – vulnerable adult without capacity to consent
If concerns arise and the individual is unable to give consent to information being shared a referral should be made to Adult Services and/or the police.
Family/carers should be informed if they are involved in the individual’s life and not implicated in any way.

18. Case study

19. For more information…. Rachael Clawson Development Manager
Ann Craft Trust
University Park
Nottingham
NG7 2RD T: E: