Safeguarding Board Definitions

  • A child is a person who has not reached 18 years of age
  • A vulnerable adult is someone who has reached 18 years of age and
    • is in need of care and protection; and
    • satisfies one or more of the following conditions: if
      1. they are in an adult care home;
      2. they are receiving domiciliary care;
      3. they are receiving any form of health care;
      4. they have been the victim of violence and abuse;
      5. they are detained in lawful custody;
      6. they, by virtue of a court order, are under the supervision of a probation officer;
      7. they are receiving any service or fall within the following categories - 
        1. they have specific needs because of their age;
        2. they have any form of disability;
        3. they have a diagnosed physical or mental problem;
        4. they are an expectant or nursing mother in receipt of care under the National Health and Care Service; or
        5. they are a diagnosed person not falling within the categories (a) to (d)
      8. they require assistance in the conduct of their personal affairs.

Please note the following definitions apply:

  • Residential accommodation is accommodation which is an adult requires for any care or nursing needs
  • Adult Care Home is defined in Section 16 of the Regulation of Care Act 2013* as follows - 
    1. An establishment is an “adult care home” if, for adults, it provides
      accommodation and either or both of the following because of one or
      more relevant criteria under subsection (2.)
      1. nursing; or
      2. personal care or personal support, with or without practical
    2. The relevant criteria are
      1. abuse, neglect or risk of harm;
      2. past or present illness;
      3. past or present dependency on alcohol or a drug;
      4. or mental disorder, physical disability or infirmity.
  • Domiciliary care is care of any description or assistance if it is provided to any adult because of their age, health or disability.
  • Health care includes treatment, therapy or palliative care of any kind
  • An adult is considered to be in lawful custody if - 
    • they are a detainee within the meaning of the Custody Act 1995*; or
    • they are detained in accordance with the Immigration Acts (of Parliament) by order of the Governor
  • Welfare service includes any service providing support, assistance, advice or counselling to individuals with particular needs.
  • Welfare services DOES NOT include social care provided by the Department of Health and Social Care.
  • Assistance in the conduct of their personal affairs would be if one of the following apply - 
    • An enduring power of attorney (within the meaning of the Powers of Attorney Act 1987*) in respect of an adult being registered in accordance with that Act or an application is made under that Act for the registration of an enduring power of attorney in respect of an adult;
    • An order under sections 99, 100 or 103 of the Mental Health Act 1998* has been made in relation to an adult or their property or affairs, or such an order has been applied for; of
    • an other person is exercising (or is to exercise) on an adult's behalf any right that they may have under the Social Security Administration Act 1992* (this is an act of the UK Parliament)
  • There is provision within the Safeguarding Board Act 2018* to provide that a person specified in an order, or of a specified description, who falls within the vulnerable adult descriptors above, is not to be treated as a vulnerable adult. 

Please note: the fact that a person is a vulnerable adult for the purposes of this Act [the Safeguarding Board Act 2018*] does not necessarily mean that they are entitled to the provision of social care services under the Social Services Act 2011 or under any other enactment relating to social care.

*Links to all Acts can be found in the documents section to the right.