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Making decisions on the duty to carry out Safeguarding Adults enquiries

The purpose of this framework is to offer support in making decisions about whether or not a reported safeguarding adults concern requires an enquiry under the Section 42 (S42) duty of the Care Act (2014). It offers a framework to support practice, recording and reporting, in order to impact positively on outcomes for people and the level of accountability for those outcomes.

Day-to-day practice and the recording and capturing of data and information that flows from that practice are considered here. The framework includes core aspects and principles for robust decision-making alongside how to report this.

Accountability and assurance are crucial. Accountability means, in part, being clear about how and why a particular approach is taken. This is best achieved through transparent and consistent decision-making and practice that can show this is derived from the Care and Support Statutory Guidance (Department of Health and Social Care, 2018) and the relevant legal framework, including the Human Rights Act (1998), the Mental Capacity Act (2005) and the Care Act. This framework will support practice and outcomes for people that are fair, lawful and reasonable. It can also give confidence and empower staff. This framework offers a way of achieving that clarity.

This framework has been produced by the Local Government Association (LGA) and the Association of Directors of Adult Social Services (ADASS). It is based on work at two LGA/ADASS workshops (facilitated by Making Connections, Isle of Wight Ltd) in November 2018.