Information for GPs and practice staff

Safeguarding responsibilities

Safeguarding children is a statutory duty under section 11 of the Children Act 2004 and in accordance with government guidance in ‘Working Together to Safeguard Children’ 2018. The framework for Adult Safeguarding is set out in the Care Act 2014.

Safeguarding in the ICB

We have a number of safeguarding professionals working in our nursing and quality team. The team monitors the safety, effectiveness and patient experience of services commissioned by the ICB.

Most services commissioned by the ICB must be registered with the Care Quality Commission (CQC). Our safeguarding professionals work to ensure that services promote and protect individual rights, independence, and wellbeing. They also look for assurance that any child or adult thought to be at risk stays safe and that they are effectively safeguarded against abuse, neglect, discrimination, embarrassment, or poor treatment.

The safeguarding professionals lead on issues of safeguarding and provide expert advice and participate in case review processes and investigations.

Mental Capacity Act and decision making

The Mental Capacity Act 2005 (MCA) provides a legal framework for the care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves.

Anyone supporting people who lack capacity must have regard to the Mental Capacity Act. The MCA is accompanied by a statutory Code of Practice which explains how the MCA will work on a day-to-day basis and provides guidance to all those working with, or caring for, people who lack capacity. As the Code has statutory force, all staff who are employed in health and social care are legally required to ‘have regard’ to the MCA Code of Practice.

Mental Capacity (Amendment) Act 2019

The Mental Capacity (Amendment) Act 2019 came into force in April 2022. The purpose of the amendment is to reform the process under the main act for authorising arrangements enabling the care or treatment of people who lack capacity to consent to the arrangements, which give rise to a deprivation of their liberty. Liberty Protection Safeguards (LPS) provide protection for people aged 16 and above who are or who need to be deprived of their liberty to enable their care or treatment and lack the mental capacity to consent to their arrangements, in England and Wales.