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:
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:
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
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
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
Childline
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)
Adult Safeguarding Information
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
POhWER
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)
0808 800 5000
Adult Safeguarding Support
Useful Support Organisations
Disability Rights UK
https://www.disabilityrightsuk.org
Mencap
Scope
National Autistic Society
Sense
RNIB
RNID
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.