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Appendix C - legal framework

and consent – adults at risk

Definition – adults at risk Mental capacity
Adults with care and support needs
The presumption is that adults have the mental
The adult safeguarding duties under the Care Act capacity to make informed choices about their
2014 apply to an adult, aged 18 or over, who: own safety and how they live their lives. Issues of
mental capacity and the ability to give informed
• Has needs for care and support (whether or consent are central to decisions and actions in
not the local authority is meeting any of those Safeguarding Adults.
needs) and;
All interventions need to take into account the
• Is experiencing, or at risk of, abuse or neglect;
and ability of adults to make informed choices about
the way they want to live and the risks they want
• As a result of those care and support needs is to take.
unable to protect themselves from either the risk This includes their ability:
of, or the experience of abuse or neglect.
• To understand the implications of their situation.
An adult who meets the above criteria is referred
to as an ‘adult at risk’. • To take action themselves to prevent abuse.
• To participate to the fullest extent possible in
Care and support is the mixture of practical, decision-making about interventions.
financial and emotional support for adults who
need extra help to manage their lives and be The MCA 2005 provides a statutory framework
independent – including older people, people with to empower and protect people who may lack
a disability or long term illness, people with mental capacity to make decisions for themselves and
health problems, and carers. establishes a framework for making decisions on
their behalf. This applies whether the decisions are
The Care Act 2014 life-changing events or everyday matters.
The Care Act 2014 sets out a clear legal All decisions taken in the Safeguarding Adults
framework for how local authorities and other process must comply with the Act.
statutory agencies should protect adults with care
and support needs at risk of abuse or neglect.

Mental Capacity Act 2005 (MCA)
The Mental Capacity Act 2005 provides a
statutory framework for people who lack capacity
to make decisions for themselves, or who have
capacity and want to make preparations for a time
when they may lack capacity in the future.

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