“Capacity Is Key”: Investigating New Legal Provisions in England and Wales for Adult Safeguarding

Abstract

This study aimed to investigate the views and experiences of local Safeguarding Adults Coordinators of the newly implemented Mental Capacity Act 2005. This legislation in England and Wales has both protection and empowerment as its dual goals. Fifteen Safeguarding Adults Coordinators (SACs) employed by local authorities in the London area were interviewed in 2008, and again 2 years later. A total of 12 SACs participated in the 2010 follow-up interviews. The findings are reported here, covering experiences and views on the implementation and uses of the Act. There was overwhelming support for the Act as enhancing people's rights to a life free from abuse, of providing a framework for the assessment of decision-making capacity, and of assisting practitioners in reducing risks and responding to abusive situations. Participants urged better publicity about the Act, more detailed guidance on the new offenses, and greater attention to the interactions with other government policy goals.

Keywords:

• mental capacity
• safeguarding
• adult abuse
• adult protection
• law

Acknowledgments

We are grateful to all participants for giving us their time and sharing their views with us. This study has received financial support from the National Institute for Health Research (NIHR) Programme Grants for Applied Research funding scheme. The views and opinions expressed therein do not necessarily reflect those of Central and North West London NHS Foundation Trust, the NHS, the NIHR, or the Department of Health.

Notes

The study forms part of the EVIDEM program of research (www.evidem.org.uk) (evidence-based interventions in dementia) involving the Central and North West London (CNWL) Foundation NHS Trust together with Claire Goodman (University of Hertfordshire); Greta Rait, Jane Wilcock, and Steve Iliffe (University College London); Vari Drennan (St. George's University of London and Kingston University); and Martin Knapp (London School of Economic and Political Sciences).