Care Act (2014) - Section 42 Enquiry
Section 42 is the specific part of Safeguarding Adults legislation that
governs formal enquiry.
The Care Act says that if there is a relevant concern about abuse,
neglect or any risk of these, then the relevant LA:
• Has a statutory duty to make enquiries, or cause others to do so, if it
has reasonable cause to believe an adult with needs for care and
support is experiencing, or is at risk of, abuse or neglect (Section 42,
Care Act 2014).
• Can request cooperation of partners or other LA's to make enquiries
on their behalf, unless it is deemed as incompatible with that
agencies own duties (Care Act 2014 - Section 7).
• Must undertake an assessment of the person, where the person
lacks capacity and they have been abused, whether they want to or
not.
• Must decide if action is to be taken and, if so, by whom and when.