Protecting adults at risk in London: Good practice resource
Situations and responses: Situation 3
A person who is assessed not to have mental capacity to make decisions about their own safety is abused or neglected in their own home by a relative, partner, friend, neighbour, acquaintance or stranger, or neglected by a relative, partner or neighbour.
- Take any emergency action necessary.
- Make a referral to the local authority contact point.
- Bear in mind that even where the person lacks capacity they should be involved as much as possible in discussions, and that the least restrictive options in any situation should be sought.
- Identify who can assist with the person’s best interest decisions including the instruction of an independent mental capacity advocate (IMCA).
- Report the incident to the police if a crime has been or may have been committed and it is in the person’s best interests.
- Instigate an investigation under safeguarding adults procedures.
- Conduct a risk assessment and assessment of need, and review existing care plans under the care management or care programme approach (CPA).
- Conduct a carer's assessment.
- The relevant organisation should make a referral to MARAC if there is domestic violence and the risk of harm is high.
- Report the incident to the Office of the Public Guardian (OPG) if there is a misuse of power of attorney.
- Report the incident to the Department for Work and Pensions (DWP) if applicable.
- Agree a protection plan with those representing the person’s best interests.
- Review the protection plan.