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Safeguarding vulnerable adults is a vital legal and moral responsibility in society today. It refers to protecting individuals who, due to illness, disability, or other challenges, may struggle to protect themselves from harm. At Fosters Solicitors, we regularly work with families and professionals to ensure vulnerable adults are respected, supported, and legally protected.
The term ‘vulnerable adult’ – now more commonly referred to as an ‘adult at risk’ – describes someone over 18 who is unable to protect themselves from abuse or neglect due to age, illness, mental or physical disability, or other factors. Safeguarding vulnerable adults involves a wide range of legal tools and services that ensure such individuals live safely, with dignity and autonomy where possible.
People considered ‘at risk’ might be living with:
It’s crucial to understand that being ‘at risk’ is not a permanent label – it’s situational and depends on the person’s current circumstances.
There are several key pieces of legislation that guide how we approach safeguarding vulnerable adults in England and Wales:
This is the cornerstone of adult safeguarding law. It requires local authorities to make enquiries if they believe an adult is experiencing or at risk of abuse or neglect. It also mandates a multi-agency approach to safeguarding – encouraging cooperation between social services, health professionals, and the police.
This law applies when someone lacks the capacity to make specific decisions. It is based on five key principles, the most important being: “Assume capacity unless it is established that the person lacks it.”
Human rights underpin all safeguarding decisions. Rights such as the right to life, the right to be free from degrading treatment, and the right to respect for private and family life must always be considered.
For further information on the Care Act and safeguarding, visit SCIE – Safeguarding under the Care Act.
When someone cannot make important decisions due to a lack of mental capacity, the Court of Protection ensures those decisions are made in their best interests. The court can:
In complex or contested cases, the court offers a vital legal safeguard to ensure the person’s rights are protected while also considering their welfare and dignity.
In addition to statutory interventions, there are proactive legal tools that families and individuals can use to help safeguard those at risk:
Creating an LPA allows an individual to appoint a trusted person to make decisions on their behalf if they lose capacity. There are two types:
Set to replace the Deprivation of Liberty Safeguards (DoLS), LPS authorises necessary care arrangements that might otherwise restrict a person’s liberty. These must be in the person’s best interests and subject to regular reviews.
If there is a concern about abuse or neglect, the local authority has a duty under the Care Act to carry out a safeguarding enquiry. These investigations can lead to protective measures or court involvement if needed.
Abuse is not always visible. The law recognises several types of abuse that may affect vulnerable adults:
If you suspect abuse, it’s essential to contact the local safeguarding team or the police immediately.
Mrs B, an 82-year-old woman with dementia, began showing signs of anxiety and bruising. Her carer raised concerns, and a safeguarding enquiry was launched by the local authority. Fosters Solicitors supported her family by:
The result: Mrs B was moved to a safer environment, closer to her family, with decisions made in her best interests and in line with her past wishes.
Our Court of Protection team at Fosters Solicitors has extensive experience in safeguarding cases. We can:
Legal advice ensures that safeguarding decisions are not only lawful but also compassionate and tailored to the individual’s needs.
Our specialist Court of Protection & Vulnerable Persons team are dedicated to supporting and protecting the interests of those who are vulnerable and no longer have the mental capacity to make their own decisions. Whether this is through illness, disability, or injury, we work with a range of vulnerable clients and their families to overcome the often complex legal issues that arise in these circumstances. We can help you at every step with friendly, empathetic, and expert legal support.
Contact us for more information.
Safeguarding vulnerable adults is a shared responsibility between families, professionals, and the law. With the right tools and guidance, it is possible to uphold dignity, independence, and safety for all adults at risk.
Safeguarding vulnerable adults means protecting people aged 18 or over who are unable to protect themselves from harm, abuse, or exploitation due to age, illness, disability, or mental incapacity. It includes legal actions, care planning, and community support to keep them safe and supported.
Key laws include:
Contact your local council’s adult safeguarding team or the police. You can also contact the Care Quality Commission (CQC) if a care provider is involved.
The Court of Protection makes decisions on behalf of people who lack mental capacity. This includes care arrangements, medical treatment, and appointing Deputies to act for the person.
This article was produced on the 10th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
