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Care Act 2014: the new legal framework for adult safeguarding Tim Spencer-Lane

Care Act 2014: the new legal framework for adult safeguarding Tim Spencer-Lane. PASUK BSAB seminar – 15 May 2014. Public law framework. Regulation of health and social care professionals Disclosure and barring service Care Quality Commission and the regulation of care provision

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Care Act 2014: the new legal framework for adult safeguarding Tim Spencer-Lane

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  1. Care Act 2014: the new legal framework for adult safeguarding Tim Spencer-Lane PASUK BSAB seminar – 15 May 2014

  2. Public law framework

  3. Regulation of health and social care professionals Disclosure and barring service Care Quality Commission and the regulation of care provision Whistle-blowing Criminal offences and civil torts anti-social behaviour civil injunctions Other safeguarding law

  4. Care Bill 2013-14

  5. Clause 1: Duty to promote individual well-being

  6. Clause 1: well-being decision-making

  7. 2. The process for assessment Clauses 9-13: assessment and eligibility • Duty to assess where adult appears to need care and support • Right to refuse an assessment • New national Assessment regulations set at “substantial”

  8. Clause 42: safeguarding enquiries

  9. having money or other property stolen being defrauded being put under pressure in relation to money or other property having money or other property misused Clause 42(3): financial abuse

  10. Duty on local authority to establish an SAB Objective is to help and protect adults at risk of abuse or neglect SAB may do anything necessary or desirable to achieve this aim NHS and police must nominate members with required skills and experience Statutory safeguarding adults reviews (clause 44) Duty to provide information to an SAB (clause 45) Clause 43 and schedule 2: Safeguarding Adult Boards

  11. Adult Social Care Project Safeguarding powers Repeal of section 47 of the National Assistance Act 1948

  12. Other reforms

  13. Future developments

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