Vulnerable adult protection – How the law can help

Vulnerable adult protection is a crucial aspect of the legal system in England and Wales. It ensures that individuals who may not be able to protect themselves from harm, abuse, or exploitation receive the support and safeguarding they need. At Fosters Solicitors, we understand the importance of safeguarding vulnerable adults and can provide expert guidance and representation.

In this article, we explore the legal framework, protective measures, and how families and professionals can work together to ensure the well-being of vulnerable adults.

Understanding vulnerable adult protection

Vulnerable adult protection refers to the systems and processes put in place to shield adults at risk from harm or exploitation. It encompasses a variety of legal tools and support services designed to ensure their safety and uphold their rights. Vulnerable adults may include those with mental health conditions, learning disabilities, dementia, or physical impairments.

The legal framework in England and Wales

The main legislative frameworks that underpin vulnerable adult protection include:

• The Care Act 2014 – Establishes local authorities’ responsibilities for safeguarding adults at risk.
• The Mental Capacity Act 2005 – Provides a framework for acting and making decisions on behalf of individuals who lack mental capacity.
• Human Rights Act 1998 – Protects the fundamental rights and freedoms of vulnerable adults.

Local authorities have a statutory duty under the Care Act to investigate if there is reasonable cause to suspect that a vulnerable adult is experiencing or is at risk of abuse or neglect.

For detailed guidance, the Care and Support Statutory Guidance offers a comprehensive overview.

When to involve the Court of Protection

The Court of Protection plays a vital role in vulnerable adult protection. It can make decisions about a person’s property, financial affairs, health, and welfare when they lack capacity to do so themselves. Situations where the Court might become involved include:

1. Disputes about where a vulnerable adult should live.
2. Concerns over financial abuse or mismanagement of assets.
3. Consent for serious medical treatment.

Safeguarding measures and support systems

Several protective measures are available for vulnerable adult protection:

• Deprivation of Liberty Safeguards (DoLS) – Protect individuals who are deprived of their liberty for care or treatment purposes.
• Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA) – Allow individuals to appoint trusted persons to make decisions on their behalf concerning their property and financial affairs and/or health and welfare.
• General Powers of Attorney (GPA) – Authorisation provided to appoint a trusted person to manage your financial and legal affairs while you have mental capacity, for a specific period or purpose.
• Adult Safeguarding Enquiries – Triggered under Section 42 of the Care Act 2014 when abuse or neglect is suspected.

Identifying abuse and neglect

Recognising signs of abuse and neglect is critical in ensuring effective vulnerable adult protection. Types of abuse include:

• Physical abuse.
• Psychological or emotional abuse.
• Financial or material abuse.
• Sexual abuse.
• Neglect or acts of omission.
• Discriminatory abuse.

Reporting concerns promptly to local authorities or the police can make a significant difference to a vulnerable person’s life.

Case study: Safeguarding for vulnerable person

P is an elderly lady who resides in a residential care home and Fosters Solicitors are appointed as her deputies to manage her property and financial affairs.  P suffers with dementia and is sight impaired.  P has no family or friends who visit her within the care home.  During a routine visit with P, it was evident that there were various issues which led to the insufficient level of care afforded to P.  Issues were raised with the care home management team, however, upon further visits to P it was apparent that no changes were being implemented.

A safeguarding referral was made to the local authority and a social worker allocated to investigate this further.  As a result of this intervention, a mediation meeting was arranged between the care home staff and Fosters Solicitors, to explore the issues which were prevalent and put measures in place to resolve the issues.

Expert insights: How legal professionals support vulnerable adults

Solicitors specialising in vulnerable adult protection can offer:

• Advice on Lasting Power of Attorney, Enduring Power of Attorney and General Power of Attorney.
• Support in applications to the Court of Protection for Lay Deputies and/or Professional Deputy appointment.
• Representation in safeguarding enquiries.
• Guidance on challenging Deprivation of Liberty Orders.

Our specialist Court of Protection & Vulnerable Persons team are dedicated to supporting and protecting the interests of those who 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.

Benefits and challenges of protecting vulnerable adults

Benefits:

• Enhanced safety and dignity for vulnerable individuals.
• Empowerment through supported decision-making.
• Preservation of financial and health interests.

Challenges:

• Complexity of the legal framework.
• Balancing autonomy with protection.
• Limited resources within local authorities.

It is essential that legal and care professionals, families, and communities work collaboratively to overcome these challenges and provide holistic safeguarding solutions.

Contact us for more information.

This article was produced on the 5th November 2025 for information purposes only and should not be construed or relied upon as specific legal advice.