Ideal Queen's Speech: End abuse and neglect of older people

"My Government will introduce a Bill to end abuse and neglect of older people."

The abuse and neglect of older people – particularly those who need care and support – continues to make headlines, as seen most recently in Panorama’s undercover report on care in the Old Deanery care home. Yet this might be only the tip of the iceberg. Dependent older people who receive care in their own homes are often more isolated and therefore potentially more vulnerable.

There is no single answer to ending the appalling and inhumane treatment of some older people receiving care. The solutions range from reversing the chronic underfunding of care services, to shifting cultural norms and values. The Queen’s Speech is an important chance to bring forward dedicated legislation to seriously prevent abuse of some older people in our communities.

Some positive steps have already been taken but there remains a patchwork of existing and proposed legislation. The 2014 Care Act is the first legislation in England to include specific requirements aimed at protecting adults who are at risk of abuse. The Act requires local authorities to investigate allegations of abuse or neglect and if necessary co-ordinate the involvement of other agencies in such an investigation. Local authorities will each have to establish a local Safeguarding Adults Board in order to promote co-operation in investigating and preventing abuse or neglect.

The Care Act also abolishes existing powers to remove an adult from their home for the person’s own protection. This is welcome but may leave a protection gap. The Mental Capacity Act and associated Deprivation of Liberty safeguards provide vital safeguards for people who lack the capacity to consent (or withhold consent) to decisions that affect them. In practice however people often experience interference with their liberty without these safeguards being implemented, so this system is in need of urgent reform to make it more effective.

We urgently need new legislation which must not simply see safeguarding adults as purely a matter for social services. Financial abuse is a significant problem, and the police, financial services industry, NHS and other local authority functions such as housing all need to be involved. This new Bill must provide a holistic approach and should be contained within wider framework legislation that provides for regulations and guidance to bring together all powers to safeguard vulnerable adults, including those that have nothing to do with social care, in one place. This is essential to ensure professionals are to be able to work across organisational boundaries. We need to see this scale of ambition and scope in this year’s Queen’s Speech if we are to take serious strides towards ending abuse of older people in our communities.