Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-10T19:56:08.944Z Has data issue: false hasContentIssue false
  • English
  • Français

Adult Safeguarding Policy and Law: A Thematic Chronology Relevant to Care Homes and Hospitals

Published online by Cambridge University Press:  08 April 2014

Jill Manthorpe  and
Martin Stevens
Jill Manthorpe
Affiliation:
Social Care Workforce Research Unit, King's College London E-mail: jill.manthorpe@kcl.ac.uk
Martin Stevens
Affiliation:
Social Care Workforce Research Unit, King's College London E-mail: martin.stevens@kcl.ac.uk
Get access Rights & Permissions [Opens in a new window]

Abstract

Elder abuse is a ‘social problem’, as illustrated by the production of policy documents and legislation that define and revise the scope and nature of the problem. This article synthesises and discusses the policy documents and legal changes that have taken place in England since 2000, when the first policy guidance to address adult safeguarding as a whole was produced. The focus of this article is on particular locations, namely care home and hospital settings, and the applicable policy and legislation. The policy documents and legal changes identified are analysed using Blumer's five phases of policy implementation and Matland's ambiguity-conflict matrix to explore their implications for policy implementation and coherence. The analysis suggests that responses to elder abuse have created different kinds of ambiguity and conflict, requiring both top-down and bottom-up policy interventions.

Keywords

Elder abusesafeguardingcare homeshospitalssocial problemssocial policy
Type
Articles
Information
Social Policy and Society , Volume 14 , Issue 2 , April 2015 , pp. 203 - 216
Copyright
Copyright © Cambridge University Press 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Age UK (2012) Safeguarding Older People from Abuse, Factsheet 78, London: Age UK, http://www.ageuk.org.uk/brandpartnerglobal/eastlondonvpp/documents/fs78_safeguarding_older_people_from_abuse_fcs.pdf.Google Scholar
Bichard, M. (2004) The Bichard Inquiry Report, London: The House of Commons, http://dera.ioe.ac.uk/6394/1/report.pdf (accessed 27 November 2013).Google Scholar
Biggs, S. and Haapala, I. (2010) ‘Theoretical development and elder mistreatment: spreading awareness and conceptual complexity in examining the management of socio-emotional boundaries’, Ageing International, 35, 3, 171–84.Google Scholar
Blumer, H. (1971) ‘Social problems as collective behaviour’, Social Problems, 18, 3, 298–306.CrossRefGoogle Scholar
Braye, S., Orr, D. and Preston-Shoot, M. (2011) The Governance of Adult Safeguarding: Findings from Research into Safeguarding Adults Boards, Final Report to the Department of Health, London: SCIE.Google Scholar
Burns, D., Hyde, P. and Killett, A. (2013) ‘Wicked problems or wicked people? Reconceptualising institutional abuse’, Sociology of Health and Illness, 35, 4, 514–28.Google Scholar
Burstow, P. (2013) ‘Care and corporate neglect: the case for action’, Journal of Adult Protection, 15, 4, 203–14.CrossRefGoogle Scholar
Comas-Herrera, A., Wittenberg, R. and Pickard, L. (2010) ‘The long road to universalism? Recent developments in the financing of long-term care in England’, Social Policy and Administration, 44, 2, 375–91.Google Scholar
Conservative Party (2010) An Invitation to Join the Government of Great Britain: The Conservative Manifesto, London: Conservative Party.Google Scholar
Cooper, C., Selwood, A. and Livingston, G. (2008) ‘The prevalence of elder abuse and neglect: a systematic review’, Age and Ageing, 37, 2, 151–60.Google Scholar
Department for Education (2013) Working Together to Safeguard Children: A Guide to Inter-Agency Working to Safeguard and Promote the Welfare of Children, London: Department for Education.Google Scholar
Department of Health (DH) (2008) Safeguarding Adults: A Consultation on the Review of the ‘No Secrets’ Guidance, London: Department of Health.Google Scholar
Department of Health (DH) (2009a) Safeguarding Adults: Report on the Consultation on the Review of ‘No Secrets’, London: Department of Health, http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/Consultations/Responsestoconsultations/DH_102764.Google Scholar
Department of Health (DH) (2009b) Government Response to the Consultation on Safeguarding Adults: The Review of the No Secrets Guidance, Written Ministerial Statement, 19 January, London: Department of Health.Google Scholar
Department of Health (DH) (2010) Clinical Governance and Adult Safeguarding Processes, London: Department of Health.Google Scholar
Department of Health (DH) (2011a) Safeguarding Adults: The Role of Health Service Managers and Their Boards, London: Department of Health.Google Scholar
Department of Health (DH) (2011b) Safeguarding Adults: The Role of Health Service Practitioners, London: Department of Health.Google Scholar
Department of Health (DH) (2011c) Statement of Government Policy on Safeguarding, London: Department of Health.Google Scholar
Department of Health (DH) (2012) Reforming the Law for Adult Care and Support: The Government's Response to Law Commission Report 326 on Adult Social Care, Cm 8379, London: Department of Health.Google Scholar
Department of Health (DH) (2013) Statement of Government Policy on Safeguarding, London: Department of Health.Google Scholar
Department of Health and Home Office (2000) No Secrets: Guidance on Developing and Implementing Multi-Agency Policies and Procedures to Protect Vulnerable Adults from Abuse, London: The Stationery Office.Google Scholar
Dixon, J., Biggs, S., Stevens, M., Manthorpe, J. and Tinker, A. (2013) ‘Defining the “perpetrator”: abuse, neglect and dignity in care’, Journal of Adult Protection, 15, 1, 5–14.Google Scholar
Ekosgen (2012) Qualitative Analysis of the Provision of Adult Support for People Who Have Gone through Adult Protection Procedures, Phase 2 report, Sheffield: Ekosgen.Google Scholar
Francis, R. (2013) Independent Inquiry into Care Provided by Mid Staffordshire NHS Foundation Trust January 2005–March 2009, Volumes 1 & 2, London: The Stationary Office, http://www.midstaffsinquiry.com/pressrelease.html (accessed 13 September.2013).Google Scholar
Great Britain (1970) Local Authority Social Services Act 1970, London: HMSO, http://www.legislation.gov.uk/ukpga/1970/42/pdfs/ukpga_19700042_en.pdf (accessed 21 March 2014).Google Scholar
Great Britain (1984) Registered Homes Act 1984, London: HMSO, http://www.legislation.gov.uk/ukpga/1984/23/pdfs/ukpga_19840023_en.pdf (accessed 21 March 2014).Google Scholar
Great Britain (2000) Care Standards Act 2000, London: The Stationery Office, http://www.legislation.gov.uk/ukpga/2000/14/contents/enacted (accessed 21 March 2014).Google Scholar
Great Britain (2003) Sexual Offences Act 2003, London: The Stationery Office, http://www.legislation.gov.uk/ukpga/2003/42/pdfs/ukpga_20030042_en.pdf (accessed 2 January 2014).Google Scholar
Great Britain (2006) Safeguarding Vulnerable Groups Act 2006, London: The Stationery Office, http://www.legislation.gov.uk/ukpga/2006/47/pdfs/ukpga_20060047_en.pdf (accessed 2 January 2014).Google Scholar
Great Britain (2008) Health and Social Care Act 2008, London: The Stationery Office, http://www.legislation.gov.uk/ukpga/2008/14/pdfs/ukpga_20080014_en.pdf (accessed 2 January 2014).Google Scholar
Great Britain (2012) Protection of Freedoms Act 2012, London: the Stationery Office, http://www.legislation.gov.uk/ukpga/2012/9/pdfs/ukpga_20120009_en.pdf (accessed 2 January 2014).Google Scholar
House of Commons (2013) Care Bill, London: The Stationary Office, http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0123/14123.pdf (accessed 2 January 2014).Google Scholar
House of Commons Health Committee (2004) Elder Abuse: Second Report of Session 2003–2004, Vol. 1, London: The Stationery Office.Google Scholar
House of Lords, House of Commons Joint Committee on the Draft Care and Support Bill (2013) Draft Care and Support Bill, London: The Stationery Office, http://www.publications.parliament.uk/pa/jt201213/jtselect/jtcare/143/143.pdf (accessed 2 January 2014).Google Scholar
Law Commission (2011a) Adult Social Care, House of Commons, 326. London: Law Commission.Google Scholar
Law Commission (2011b) Adult Social Care Consultation Analysis, Consultation Article No. 192 (Consultation Analysis), London: Law Commission.Google Scholar
Law Commission (2012) Reforming the Law for Adult Social Care, http://lawcommission.justice.gov.uk/news/adult_social_care.htm (accessed 27 November 2013).Google Scholar
Mandelstam, M. (2011) Safeguarding Adults at Risk of Harm: A Legal Guide for Practitioners, London: SCIE.Google Scholar
McCreadie, C., Mathew, D., Finlayson, R. and Askham, J. (2007) ‘Ambiguity and cooperation in the implementation of adult protection policy’, Social Policy and Administration, 42, 3, 248–66.Google Scholar
Milne, A., Cambridge, P., Beadle-Brown, J., Mansell, J. and Whelton, B. (2012) ‘The characteristics and management of elder abuse: evidence and lessons from a UK case study’, European Journal of Social Work, 16, 4, 489–505.Google Scholar
Manifesto Club (n/d) Campaign Against Vetting, London: Manifesto Club, http://www.manifestoclub.com/hubs/vetting (accessed 2 January 2014).Google Scholar
Matland, R. (1995) ‘Synthesizing the implementation literature: the ambiguity-conflict model of policy implementation’, Journal of Public Administration, Research and Theory, 5, 2, 145–74.Google Scholar
Nash, S. K. (2006) ‘Shades of gray: the impact of world-wide aging on elder abuse and neglect in the United States and France’, European Journal of Law Reform, 6, 1/2, 245–70.Google Scholar
Phair, L. and Manthorpe, J. (2011) ‘Health care and adult safeguarding: an audit informing the relationship of the UK vetting and barring scheme with the NHS’, Journal of Adult Protection, 13, 5, 251–8.Google Scholar
Post, L., Page, C., Conner, T., Prokhorov, A., Fang, Y. and Biroscak, B. J. (2010) ‘Elder abuse in long-term care: types, patterns, and risk factors’, Research on Aging, 32, 3, 323–48.Google Scholar
Secretary of State for Health (2013) The Care Bill Explained: Including a Response to Consultation and Pre-Legislative Scrutiny on the Draft Care and Support Bill, Cm 8627, London: The Stationery Office, http://www.parliament.uk/documents/joint-committees/Draft%20Care%20and%20Support%20Bill/Gov%20Response%20CM%208627.pdf (accessed 2 January 2014).Google Scholar
Stevens, M., Biggs, S., Dixon, J., Tinker, A. and Manthorpe, J. (2013) ‘Interactional perspectives on the mistreatment of older and vulnerable people in long-term care settings’, British Journal of Sociology, 64, 2, 267–86.Google Scholar
Stevens, M., Martineau, S., Manthorpe, J. and Harris, J. (2011) Vetting and Barring Care Workers: Potential and Practice, Interim report, London, Social Care Workforce Research Unit, http://www.kcl.ac.uk/sspp/kpi/scwru/res/knowledge/isa.aspx (accessed 27 November 2013).Google Scholar
Wardle, C. (2006) ‘It could happen to you’, Journalism Studies, 7, 4, 515–33.Google Scholar