TY - JOUR
T1 - Her treatment at and around the meeting was deplorable: Might safeguarding itself constitute abuse?
AU - Hewitt, David
PY - 2013
Y1 - 2013
N2 - Purpose - The purpose of this paper is to report and analyse a recent case, in which the safeguarding procedure adopted by one local authority was criticised by the High Court. It also seeks to identify the key lessons to be learned. Design/methodology/approach - The paper considers the judgment handed down in the case, sets out its key points and seeks to place the proceedings, and the concerns they reveal, in their context. Findings - In its conduct of one safeguarding enquiry, West Sussex County Council acted unlawfully, in a manner that breached natural justice and a legitimate expectation to which it had itself given rise. The case raises a number of concerns. It is also consistent with a suspicion that some practitioners, and even some judges, have begun to express: that on occasions, the safeguarding process itself might constitute a form of abuse. Originality/value - This is believed to be the first time the case has been analysed in such detail, and also the first time it has been placed in the context of those concerns.
AB - Purpose - The purpose of this paper is to report and analyse a recent case, in which the safeguarding procedure adopted by one local authority was criticised by the High Court. It also seeks to identify the key lessons to be learned. Design/methodology/approach - The paper considers the judgment handed down in the case, sets out its key points and seeks to place the proceedings, and the concerns they reveal, in their context. Findings - In its conduct of one safeguarding enquiry, West Sussex County Council acted unlawfully, in a manner that breached natural justice and a legitimate expectation to which it had itself given rise. The case raises a number of concerns. It is also consistent with a suspicion that some practitioners, and even some judges, have begun to express: that on occasions, the safeguarding process itself might constitute a form of abuse. Originality/value - This is believed to be the first time the case has been analysed in such detail, and also the first time it has been placed in the context of those concerns.
KW - Adult safeguarding
KW - case conference
KW - governance
KW - higher courts
KW - legitimate expectation
KW - local authorities
KW - natural justice
KW - nursing homes
KW - social services
U2 - 10.1108/14668201311313604
DO - 10.1108/14668201311313604
M3 - Article
VL - 15
SP - 96
EP - 106
JO - The Journal of Adult Protection
JF - The Journal of Adult Protection
SN - 1466-8203
IS - 2
ER -