Legal Framework

These procedures support the statutory guidance of the Isle of Man Safeguarding Board, Safeguarding Act 2018, and have been developed in line with the Care Act 2014 (UK) as best practice guidance.

Whilst recognising that the Care Act 2014 (UK) has no statutory footing in the Isle of Man, adopting the principles of the Care Act 2014 (UK) as best practice constitutes a commitment to respond to every adult “who is, or may be, eligible for Social Care Services” and “whose independence/wellbeing is at risk, due to harm or neglect”.

Enquiry by local authority

For the purposes of this policy our definition is based on the following extract from Section 42 of the Care Act 2014 and for references within this extract, relating to a Local Authority it should be read as relating to Adult Safeguarding, Social Care, Manx Care:

1. This section applied where a local authority has reasonable cause to suspect that an adult in its area:
   1. Has needs for care and support (whether or not the authority is meeting any of those needs);
   2. Is experiencing, or is at risk of, abuse or neglect; and
   3. As a result of those needs, is unable to protect himself or herself against the abuse or neglect or the risk of it.
      
      All three points of this basic criteria must be met to reach the threshold (S.42) enquiries.
      
      
2. The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult’s case and, if so, what and by whom.

As the Care Act 2014 (UK) is not law in the Isle of Man, the above definition will hereafter be referred to as ‘Threshold for an Enquiry’ and/or ‘Threshold Met’.