What is a Section 42 enquiry?
A Section 42 enquiry is a statutory duty placed on the Local Authority under Section 42 of the Care Act 2014. It is a range of actions undertaken or instigated by the Local Authority in response to an abuse or neglect concern about an adult with care and support needs.
The Section 42 duty applies when the Local Authority has reasonable cause to suspect that an adult:
- has needs for care and support, whether or not the Local Authority is meeting those needs;
- is experiencing, or is at risk of, abuse or neglect; and
- as a result of their care and support needs, is unable to protect themselves from either the risk or experience of abuse or neglect.
All three conditions must be met for the Local Authority’s duty under Section 42 of the Care Act 2014 to apply.
What is the purpose of a Section 42 enquiry?
The purpose of a Section 42 enquiry is to decide whether any action should be taken in the adult’s case and, if so, what action is needed and by whom. An enquiry could range from a conversation with the adult through to a more formal multi-agency plan or course of action.
The enquiry should focus on the adult’s safety, wellbeing, rights, views, wishes and desired outcomes. This reflects Making Safeguarding Personal, which is a person-centred and outcomes-focused approach to safeguarding adults who are at risk of, or experiencing, abuse and neglect.
What should practitioners do?
If you have a safeguarding concern, you should:
- take any immediate action needed to protect the adult from immediate harm;
- speak with the adult wherever it is safe and appropriate to do so;
- consider the adult’s views, wishes, feelings and beliefs;
- consider whether the adult may need advocacy support;
- consider mental capacity where this is relevant to a specific decision;
- record the concern, the adult’s views, any action taken and the reasons for decisions;
- report the concern through Warrington’s adult safeguarding concern route.
A safeguarding concern is any information or allegation that an adult with care and support needs may be experiencing, or is at risk of, abuse or neglect, which is reported to the Local Authority. A safeguarding concern triggers consideration of whether the Section 42 duty applies and whether a safeguarding enquiry is required.
The Local Authority is responsible for oversight and decision making in relation to the Section 42 enquiry. Another agency or organisation may be asked to lead or contribute to specific enquiries because of their existing relationship with the adult, their role, or their expertise.
The Lead Enquiry Officer is the allocated worker or individual managing the safeguarding concern and associated safeguarding enquiry. Other partners may include health services, police, care providers, housing, commissioners, regulators or voluntary sector organisations, depending on the circumstances.
Causing others to make an enquiry
Under Section 42 of the Care Act 2014, the Local Authority must make, or cause to be made, whatever enquiries it thinks necessary to decide whether any action should be taken in the adult’s case and, if so, what action is needed and by whom. This means the Local Authority may ask another agency or organisation, such as health, police, a care provider or another relevant partner, to undertake specific enquiries where they are best placed to do so because of their role, expertise or existing relationship with the adult. This is sometimes referred to locally as “causing others to make an enquiry”. The Local Authority remains responsible for oversight and decision making in relation to the Section 42 enquiry.
Planning and safeguarding actions
A planning discussion or planning meeting may be used locally to gather information, assess risks and agree how the Section 42 enquiry will be progressed. This is a local operational process and is not a statutory requirement under the Care Act 2014.
Where required, a Section 42 enquiry plan should outline the actions needed to safeguard the adult and promote their safety and wellbeing. This may include actions to protect the adult from immediate harm, support the adult to recognise and respond to risk, build resilience, achieve resolution and support recovery from abuse or neglect.
What if the Section 42 criteria are not met?
If the Section 42 criteria are not met, the Local Authority may still consider whether other action is needed. This may include signposting, support from another service, information and advice, a referral to another pathway, or a Non-Statutory Enquiry where this is deemed necessary.
A Non-Statutory Enquiry is any safeguarding enquiry that the Local Authority initiates that does not fulfil the Section 42 criteria but is deemed necessary.
Possible outcomes
The outcome of a Section 42 enquiry may include:
- no further safeguarding action;
- support or safety planning with the adult;
- a Section 42 enquiry plan;
- action by a provider, employer, commissioner or partner agency;
- referral to police or another relevant agency;
- review of care, support, risk management or advocacy needs;
- a Section 42 enquiry review meeting where progress and risks need to be reviewed.
Adult safeguarding outcomes should focus on protecting adults with care and support needs from abuse or neglect while promoting their autonomy, wellbeing and rights. Action should be person-centred, proportionate and aligned with the adult’s wishes wherever possible.
Need to report a concern?
If you are concerned that an adult with care and support needs is experiencing, or is at risk of, abuse or neglect, please report this through Warrington’s adult safeguarding concern route.
If someone is in immediate danger, call 999.