Application across the book’s scenarios
| Scenario | Possible section 42 application |
|---|---|
| Care home | Unexplained injuries, neglect, discriminatory abuse, sexual abuse, coercive control, medication misuse or institutional practices may give reasonable cause for an enquiry. |
| Sheltered housing | The person’s own tenancy does not prevent safeguarding. Neglect may arise through a care service, housing conduct, another resident, family member, self-neglect or gaps between agencies. |
| Supported living or home | Missed care, coerced unpaid family labour, inability to leave, financial abuse or retaliation for complaints may satisfy the gateway where the adult cannot protect themselves because of care and support needs. |
| Community setting | Abuse during transport, activities, appointments or day opportunities remains relevant. The enquiry should follow the adult rather than stop at organisational boundaries. |
| Child removal | Separation may expose a disabled adult to neglect or crisis and should trigger adult safeguarding where the statutory conditions exist, while children’s proceedings continue in their proper forum. |
| What would usually be insufficient | Treating every unpopular decision as abuse, ignoring the adult’s wishes, or using safeguarding as a substitute for care assessment, criminal investigation or challenge to a court order. |
Section 42 of the Care Act 2014 requires an authority to make or cause enquiries where it has reasonable cause to suspect that an adult with care and support needs is experiencing or at risk of abuse or neglect and, because of those needs, is unable to protect themselves. It is an enquiry duty, not a criminal conviction.
Denied care
Missed essential care, malnutrition, dehydration, pressure injury, medication failure, coercive dependence, inability to leave and exploitation of an unpaid family carer may provide the reasonable cause required to trigger safeguarding action.
Removal without adequate cause or planning
Separation may trigger enquiry where it removes the adult’s only functional support, exposes the adult to neglect, or is accompanied by coercion or abuse. Safeguarding cannot determine the validity of a family-court order, but it must address the adult risks created by the changed circumstances.
Evidence and outcome
Record the adult’s wishes, care and support needs, ability to protect themselves, the suspected abuse or neglect, immediate safety measures, responsible agencies, enquiry findings and the care-plan changes required.