An examination of social workers awareness of the vulnerable adult jurisdiction and their assessment of relational constraints on autonomous decision-making

In England and Wales an adult safeguarding enquiry should be conducted by local authorities where a vulnerable adult in need of support is experiencing, or is at risk of, abuse or neglect. A range of possible responses may be adopted by local authorities following an enquiry, including an assessment of whether the vulnerable adult has the mental capacity to understand and weigh the risks associated with their situation. If the vulnerable adult does lack capacity as defined by the Mental Capacity Act 2005, then a decision can be taken on behalf that is in their best interests.

However, the Mental Capacity Act 2005 only recognises limits on decision-making competence that arise from a mental impairment; It does not cover situations where a vulnerable adult may be prevented from making an autonomous decision because of constraint, coercion, undue influence, or other relational factors. Thus, for example, the MCA is incapable of providing a mechanism for protecting a older adult who may be subject to coerceive pressure in relation to their financial affairs.

The gaps in the protective framework of the MCA 2005 have led the courts to develop the common law to provide a 'great safety net' for vulnerable adults. This permits protective interventions where a vulnerable person has been disabled from making a free choice and their autonomy is compromised by reason of something other than a mental impairment.

Whilst this framework exists, there is some evidence that practitioners who are engaged in adult safeguarding enquiries lack awareness of this alternerative framework for protecting vulnerable adults. A recent national analysis of Safeguarding Adult Reviews (SARs) found that in relation to a number of serious incidents of abuse, there was a concern that whilst an 'assessment [has] resulted in a finding that the individual had mental capacity within the meaning of the Mental Capacity Act, there was sometimes insufficient recognition of the possibility that decision making was being impaired by third party influence, coercion or control’. Indeed, there were instances where the inherent jurisdiction for the protection of vulnerable adults was not considered.

The purpose of this project is to conduct a small scale preliminary study that seeks to identify the awareness of social workers understanding of the scope, potential, and limits of the vulnerable adult jurisdiction. It will begin to identify any potential barriers to understanding and/or applying the framework in safeguarding practice. It is envisaged, as part of a longer-term study, we will explore the ways in which practitioners are able to assess the ways in decision-making is impaired by relationships.