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This chapter will help you to understand: the difference between safeguarding and child protection; how safeguarding and/or child protection are always socially constructed; how we can distinguish between a child in need and a child being harmed. 11.1 How culture and values define a child in need and a child being harmed So far, arguments have been put forward which indicate that it is important for children and young people to have resilience so that they may cope with adversities in the future. It has also been suggested that a growing

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Perspectives on Rights to Participation
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This much-needed volume fills an overlooked gap in adult safeguarding – the digital arena – in providing a comprehensive overview of policy and practice in supporting vulnerable adults online.

Providing an essential analysis illustrated by recent court rulings and case studies, the authors advocate for the effective support of adults with learning disabilities and/or mental capacity issues in their digital lives without compromising their privacy and participation rights.

The text balances a theoretical exploration of the tensions between participation and protection, legislation, human rights, professional biases and social wrongs. It encourages a critical approach in adopting both a practical and realistic understanding for policy makers, professionals and students in social work, law and adult social care.

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Part 2 Good adult safeguarding practice

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3 Adult safeguarding legislation Chapter aim In this chapter we will explore the legal context for adult safeguarding practice, including the central role played in England by the Care Act 2014 in providing a framework for adult safeguarding practice. Other key legal frameworks will also be considered that are not always acknowledged as having a role to play in addressing safeguarding concerns. Finally, we will explore how practitioners can develop ‘legal literacy’. • The framework for adult safeguarding within the Care Act 2014; • other legislative

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9 Adult safeguarding enquiries Chapter aim In this chapter we will look in detail at some of the essential components of an enquiry, whether ‘statutory’ or ‘non-statutory’, with an emphasis on practical approaches to involving adults and working with other agencies. Do review the learning from previous chapters to remind yourself about aspects of making relationships, working with risk and decision making. We will focus on resolution and recovery in more detail in Chapter 10. In this chapter we will explore: • the essential components of an enquiry

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5 Definitions in adult safeguarding Chapter aim In this chapter we will explore how and why the statutory duty to undertake an enquiry under section 42 of the Care Act 2014 only applies to a small section of the population; those defined as ‘adults at risk’. We begin with a discussion of how the legislation and guidance concerning ‘adults at risk’ is applied. We will explore the challenges faced by different groups in protecting themselves and claiming the right to protection. Categories of potential harm have been detailed in section 14 of the statutory

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Introduction This chapter will explore the ways in which binary notions are impeding safeguarding efforts at both a practice and policy level and will consider the human and economic cost of the current approach. The six key principles of Transitional Safeguarding will then be outlined, with an explanation of how each principle is deliberately intended to respond to and redress identified problems. In keeping with the theme of boundary-spanning, this chapter will then describe how each of the principles exemplify the ‘both/and’ ethos of Transitional

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Part 1 The context of adult safeguarding

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This is an essential, practical guide to best practice in adult safeguarding which supports students and practitioners to develop the skills, knowledge and ethical awareness to confidently address the challenges of adult safeguarding across a wide range of practice contexts in the UK.

The authors explore the current context of adult safeguarding in the UK, together with the legislation, rights and principles that are the basis of best practice, and with a focus on developments in practice following the implementation of the Care Act (2014).

Practitioners are supported to develop their practice by exploring new research and innovative ways of working within the field, while promoting the importance of learning from experience and building resilience in adult safeguarding work. This book includes:

• helpful case studies and examples of professional decision making from experienced adult safeguarding practitioners;

• top tips and models to enable confident application of knowledge to practice;

• tools for reflection to extend the practitioner’s development.

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4 Mental capacity and adult safeguarding Chapter aim In this chapter we will explore the crucial interaction between decision making and adult safeguarding in the context of practice using the Mental Capacity Act 2005. We will consider the crucial and often complex role played by the Act in supporting decision making or making substitute decisions in the person’s best interests. • What is the Mental Capacity Act 2005 and how does it apply to adult safe- guarding practice? • Advocacy, representation and autonomy in adult safeguarding; • risk and mental

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