Adult (Care Act 2014)
Defintion of Adult in Section 42 the Care Act 2014
An adult who may be vulnerable to abuse or maltreatment is deemed to be someone aged 18 or over, who is in an area and:
- Has needs for care and support (whether or not the authority is meeting any of those needs);
- Is experiencing, or is at risk of, abuse or neglect; and
- As a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.
Abuse is defined widely and includes domestic and financial abuse. The other crucial difference from the previous definition is that the duties apply regardless of whether the adult lacks mental capacity.
The Care Act 2014 states; Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.