Safeguarding when the adult has died

One of the criteria for undertaking statutory enquiries under the Care Act S42 duty is that the adult is ‘experiencing, or is at risk of, abuse or neglect’. This is written in the present tense, so the decision to make enquiries is therefore a matter of professional judgement as the legislation and the guidance does not clarify this.

Local Authorities will follow their own guidance when responding to a safeguarding concern in which the adult dies during the triage process or while an enquiry is ongoing.

If anyone is unsure on whether to raise a concern they should consult with their Local Authority Safeguarding service.

Local Authorities may choose to use their powers under 14.44 in the Care and support statutory guidance - GOV.UK (www.gov.uk).

A Safeguarding Adult Review (SAR), see section 131, notification should be made to the relevant Local Safeguarding Adults Boards/Partnerships when the criteria is understood to be met.