Disability Protection & Safeguarding

Protecting Rights, Promoting Inclusion and Keeping People Safe Disabled people have the same rights, freedoms, protections and opportunities as everyone else. Safeguarding should protect individuals from abuse, neglect, exploitation and discrimination while also respecting dignity, independence, choice and human rights. This page provides information about disability safeguarding, disability hate crime, mate crime, abuse by carers, financial exploitation, communication rights, advocacy and accessible access to justice. This information is intended for general guidance and does not replace professional legal, safeguarding, healthcare or advocacy advice.

Understanding Disability Safeguarding

What is Safeguarding?

Safeguarding means protecting people from:

• Abuse.
• Neglect.
• Exploitation.
• Discrimination.
• Harm.
• Violence.
• Coercion and control.

Safeguarding should:

• Promote wellbeing.
• Protect rights.
• Support independence.
• Respect dignity.
• Encourage participation in decisions.
• Use the least restrictive approach possible.

Disabled people should be involved in decisions affecting their lives wherever possible.

Safeguarding Guidance

NHS Safeguarding:

https://www.england.nhs.uk/long-read/safeguarding/

Care Act Guidance:

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance

Disability Hate Crime

What is Disability Hate Crime?

A disability hate crime occurs when a person is targeted because of:

• Their disability.
• A perceived disability.
• Association with a disabled person.

Examples may include:

• Verbal abuse.
• Threats.
• Harassment.
• Online abuse.
• Criminal damage.
• Physical assault.
• Intimidation.
• Hate incidents.

Hate crimes are criminal offences and may attract increased penalties during sentencing.

Reporting Disability Hate Crime

True Vision:

https://www.report-it.org.uk

Police:

999 (Emergency)

101 (Non-Emergency)

Crown Prosecution Service Guidance

https://www.cps.gov.uk/crime-info/hate-crime

Mate Crime

What is Mate Crime?

Mate crime occurs when someone befriends a disabled person with the intention of exploiting, abusing or taking advantage of them.

Examples may include:

• Financial exploitation.
• Theft.
• Coercion.
• Bullying.
• Manipulation.
• Sexual exploitation.
• Criminal exploitation.

The abuse may be difficult to recognise because the offender presents themselves as a friend.

Learning Disability England Information

https://www.learningdisabilityengland.org.uk

Ann Craft Trust

https://www.anncrafttrust.org

Learning Disability Safeguarding

Protecting People with Learning Disabilities

People with learning disabilities may face additional safeguarding risks because of:

• Communication barriers.
• Dependence on support.
• Social isolation.
• Exploitation by others.
• Difficulty reporting concerns.

Safeguarding responses should:

• Be accessible.
• Use clear communication.
• Involve the person wherever possible.
• Respect rights and choices.

Mencap

https://www.mencap.org.uk

NHS Learning Disability Support

https://www.nhs.uk/conditions/learning-disabilities

Safeguarding Disabled Adults

Adults at Risk

Some disabled adults may qualify for safeguarding support under the Care Act 2014 where:

• They have care and support needs.
• They are experiencing abuse or neglect.
• They are unable to protect themselves because of those needs.

Safeguarding concerns may involve:

• Physical abuse.
• Emotional abuse.
• Financial abuse.
• Neglect.
• Domestic abuse.
• Modern slavery.
• Discriminatory abuse.
• Organisational abuse.

Care Act 2014

https://www.legislation.gov.uk/ukpga/2014/23/contents

Find Your Local Council

https://www.gov.uk/find-local-council

Safeguarding Disabled Children

Child Protection and Disability

Disabled children have the same rights to protection as all children.

Research shows that disabled children may face increased risks of:

• Abuse.
• Neglect.
• Exploitation.
• Bullying.
• Social exclusion.

Safeguarding professionals should ensure disabled children are:

• Heard.
• Included.
• Protected.
• Supported appropriately.

NSPCC

https://www.nspcc.org.uk

Childline

https://www.childline.org.uk

Telephone:

0800 1111

Government Safeguarding Guidance

https://www.gov.uk/topic/schools-colleges-childrens-services/safeguarding-children

Abuse by Carers

Understanding Abuse by Carers

Most carers provide valuable and compassionate support.

However, abuse can sometimes occur in caring relationships.

Examples may include:

• Physical abuse.
• Emotional abuse.
• Neglect.
• Financial exploitation.
• Coercive control.
• Restricting communication.
• Misuse of medication.

Abuse may occur in:

• Family homes.
• Residential care.
• Supported living.
• Hospitals.
• Day services.

Concerns should be taken seriously and reported appropriately.

Care Quality Commission (CQC)

https://www.cqc.org.uk

Adult Safeguarding Information

https://www.nhs.uk/social-care-and-support/help-from-social-services-and-charities/abuse-and-neglect-adults-at-risk

Financial Exploitation of Disabled People

Financial Abuse

Financial exploitation may include:

• Taking money without permission.
• Misusing benefits.
• Fraud.
• Theft.
• Coercing financial decisions.
• Pressuring someone regarding property or inheritance.
• Misusing Power of Attorney.

Action Fraud

https://www.actionfraud.police.uk

Office of the Public Guardian

https://www.gov.uk/government/organisations/office-of-the-public-guardian

MoneyHelper

https://www.moneyhelper.org.uk

Advocacy & Independent Support

What is Advocacy?

Advocacy helps people:

• Understand their rights.
• Express their wishes.
• Make informed decisions.
• Participate in safeguarding processes.
• Access services.

Advocates can be especially important where someone:

• Has communication difficulties.
• Lacks confidence.
• Faces barriers to participation.
• Is involved in safeguarding concerns.

VoiceAbility

https://www.voiceability.org

POhWER

https://www.pohwer.net

Advocacy Finder

https://www.advocacyfinder.org.uk

Independent Mental Capacity Advocacy

Some individuals may qualify for support from an Independent Mental Capacity Advocate (IMCA).

An IMCA may assist where:

• Significant decisions are being made.
• The person lacks mental capacity for the decision.
• No suitable person is available to represent them.

Information

https://www.scie.org.uk/mca/imca

Communication Rights

The Right to Be Understood

Disabled people have the right to receive information in ways they can understand.

Reasonable adjustments may include:

• Easy Read information.
• Large print.
• Braille.
• Audio formats.
• British Sign Language (BSL).
• Communication aids.
• Interpreters.
• Extra time during appointments.

NHS Accessible Information Standard

https://www.england.nhs.uk/ourwork/accessibleinfo

Equality and Human Rights Commission

https://www.equalityhumanrights.com

Accessible Justice

Equal Access to the Justice System

Disabled people should be able to access:

• Police services.
• Courts.
• Legal advice.
• Victim support services.
• Criminal justice processes.

Reasonable adjustments may be required under the Equality Act 2010.

Examples include:

• Accessible buildings.
• Sign language interpreters.
• Communication support.
• Assistance with forms.
• Accessible documents.
• Special measures in court.

HM Courts & Tribunals Service

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

Citizens Advice

https://www.citizensadvice.org.uk

Mental Capacity and Decision-Making

Understanding Mental Capacity

The Mental Capacity Act 2005 protects individuals who may have difficulty making certain decisions.

Key principles include:

• Presuming capacity unless proven otherwise.
• Supporting decision-making.
• Respecting unwise decisions.
• Acting in best interests when necessary.
• Using the least restrictive option.

Mental Capacity Act 2005

https://www.legislation.gov.uk/ukpga/2005/9/contents

Code of Practice

https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

Equality, Human Rights and Disability Rights

Disabled people are protected under:

• Equality Act 2010.
• Human Rights Act 1998.
• Care Act 2014.
• Mental Capacity Act 2005.
• Children Act 1989.
• Children Act 2004.
• Data Protection Act 2018.
• UK GDPR.

Key rights include:

• Equality before the law.
• Freedom from discrimination.
• Protection from abuse.
• Respect for private and family life.
• Access to justice.
• Participation in decisions.
• Independent living where possible.
• Reasonable adjustments.

Equality Act Information

https://www.gov.uk/guidance/equality-act-2010-guidance

Equality Advisory Support Service

https://www.equalityadvisoryservice.com

Telephone:

0808 800 0082

Reporting Safeguarding Concerns

If You Are Worried About a Disabled Child or Adult

You can contact:

Local Authority Safeguarding Team

Find your council:

https://www.gov.uk/find-local-council

Police

Emergency:

999

Non-Emergency:

101

NSPCC (Children)

https://www.nspcc.org.uk

0808 800 5000

Adult Safeguarding Support

https://www.nhs.uk/social-care-and-support/help-from-social-services-and-charities/abuse-and-neglect-adults-at-risk

Useful Support Organisations

Disability Rights UK

https://www.disabilityrightsuk.org

Mencap

https://www.mencap.org.uk

Scope

https://www.scope.org.uk

National Autistic Society

https://www.autism.org.uk

Sense

https://www.sense.org.uk

RNIB

https://www.rnib.org.uk

RNID

https://rnid.org.uk

Important Notice

This website provides general information only and does not provide legal advice, safeguarding investigations, emergency services, medical treatment or crisis intervention.

If someone is in immediate danger call 999.

If you have concerns about abuse, neglect, exploitation or discrimination affecting a disabled child or adult, seek advice from police, safeguarding services, advocacy organisations or other appropriate professionals.

Information should always be checked against official government, statutory and professional guidance as laws and procedures may change.