Legislation & national guidance

Adult safeguarding is underpinned by a range of legislation and statutory guidance that supports organisations to prevent abuse and neglect, respond lawfully to concerns, promote wellbeing, protect human rights, share information appropriately, and make person-centred decisions.

In Warrington, this framework should be read alongside local multi-agency safeguarding adults procedures, with the Care Act 2014 forming the main statutory basis for adult safeguarding duties, including enquiries, Safeguarding Adults Boards, Safeguarding Adult Reviews and information-sharing duties.

Appropriate government legislation and guidance links

• Care Act 2014 — includes adult safeguarding provisions, including sections on enquiries, Safeguarding Adults Boards, Safeguarding Adult Reviews and supply of information. 
• Care and support statutory guidance — statutory guidance issued under the Care Act 2014. 
• Mental Capacity Act 2005 — provides the legal framework for decision-making where a person may lack capacity. 
• Mental Capacity Act: making decisions — GOV.UK collection on making decisions under the Mental Capacity Act 2005.
• Human Rights Act 1998 — gives effect to Convention rights and is relevant to rights-based safeguarding practice. 
• Equality Act 2010 — sets out protected characteristics and duties relevant to non-discriminatory practice. 
• Data Protection Act 2018 and UK data protection legislation guidance — relevant to lawful, fair and secure handling of personal information. 
• Domestic Abuse Act 2021 and Domestic Abuse Act 2021 statutory guidance — relevant where safeguarding concerns involve domestic abuse. 
• Safeguarding Vulnerable Groups Act 2006 — relevant to regulated activity and barring arrangements. 
• Mental Health Act 1983 — relevant where mental health legislation intersects with safeguarding practice. 
• Sexual Offences Act 2003 — relevant where safeguarding concerns involve sexual offences or exploitation. 
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 — relevant to regulated health and social care providers, including fundamental standards.