Remedies and Emergency Adult Protection Steps pre Care Act

This topic is explored through the analysis of specific questions and analysis, in addition to this table, which started life in Barking & Dagenham LBC, and for which we are grateful.

TYPE OF ABUSE LEGAL STEPS and REMEDIES
PHYSICAL Criminal prosecution by the CPS– Offences against the Person Act

Civil action by the victim – assault, battery or false imprisonment;

Family Law Act 1996 injunctions, non molestation and ousters;

Criminal Injuries Compensation claims.

Mental Health Act 1983 ss 115, 135, 127, 117 (after care)

Police & Criminal Evidence Act 1984 s17 (power to enter to save life and limb)

Care Standards Act – regulation of residential and nursing homes s10 cancellation of registration, s11 emergency cancellation, breach of regulations;

National Health Service & Community Care Act 1990 s47 assessment for services and support

SEXUAL Declaratory Relief from the High Court (Common law) regarding supervised contact only; soon to become statutory under the Mental Capacity Act

Criminal prosecution – rape, indecent assault, etc –

Sexual Offences Act 2003

NB specific offences against people with severe learning disabilities

Civil Action by the individual victim, for trespass to the person

Family Law Act 1996 injunction for non-molestation

Mental Health Act 1983 – admission on the grounds of the safety of others

Care Standards Act – regulation of poor management

Community Care Support through respite placement

Guardianship to remove victim or perpetrator under an authoritative regime;

PSYCHOLOGICAL/

EMOTIONAL

Protection from Harassment Act

Care Standards Act

Use of Anti Discrimination legislation

Community Care Support and services

NEGLECT National Assistance Act 1984 s47 (1951 Act, for emergencies without notice)

Mental Health Act 1983 s127 (re patients only)

Mental Health Act 1983 s115 and s135 (powers of entry)

Soon – s44 of the Mental Capacity Act (- ill treatment or wilful neglect)

Criminal Law R v Stone 1971

FINANCIAL Enduring Power of Attorney whilst still capacitated

Court of Protection – Receivership/removal of Receiver – soon to be called Deputyship

Criminal Prosecution – Theft Act 1968 – a range of offences

Removal of Appointee through communication to the DWP or by way of revocation through Receivership.

 

THE OVERARCHING EFFECT OF HUMAN RIGHTS ACT 1998 (a public authority’s duty to protect people from inhuman or degrading treatment and to ensure respect for their private lives, family life and their homes, and their peaceful enjoyment of possessions).

 

 

OBJECTIVE LEGAL PROVISION
SUPPORT NHS & CC Act 1990 s47

Domiciliary Services under s29 NAA 1948, s2 CSDPA 1970 and sched 8 of the NHS Act 1977.

Mental Health Act 1983 s7 Guardianship Carers (Recognition & Services) Act 1995

Carers and Disabled Children Act 2000

Provision of accommodation – National Assistance Act 1948, largely regulated by the Care Standards Act 2000.

PROSECUTION Criminal Law – statute and common law

Investigation by Police

Decision on prosecution by Crown Prosecution Service

Cautions

REMOVE PERPETRATOR Family Law Act 1996 injunction

Civil (law of tort) anti-harassment injunction (for non-couples)

Mental Health Act 1983 – admission under s3 if grounds made out

Criminal justice system (arrest)

REMOVE SUBJECT National Assistance Act 1948 s47 and residential services – temporary or permanent

Guardianship s7 MHA 1983

Declaratory relief (common law, High Court) (soon to be statutory under the Mental Capacity Act)

Mental Health Act 1983 – if grounds made out for admission or client is passively acquiescent and will go voluntarily under s131.

COMPENSATION Civil Law action by victim – negligence or trespass of perpetrator/carer

Human Rights claim against authority for failure to protect

Criminal Injuries Compensation Scheme

Order of Criminal Court

ONGOING CARE AND CONTROL Guardianship s7 Mental Health Act 1983;  reliance on Kent County Council ex p Marston, for a best interests power
RESOLUTION OF IMPASSE

(BETWEEN CARERS AND CLIENT OR CARERS AND AUTHORITY)

Declaratory Relief from High Court (common law) – soon to be statutory under the Mental Capacity Act 2005 (April 2007)

 

 

Leave a Reply

Your email address will not be published.