Safeguarding Ireland has presented a comprehensive roadmap to address the current gaps in adult safeguarding, to the Joint Oireachtas Committee on Disability Matters.

At a hearing in Leinster House this week, Chairperson Patricia Rickard-Clarke set out for politicians the current gaps, and priority steps to strengthen adult safeguarding.

She began by referring to the Safeguarding Bill which was brought forward in 2017, and despite having all party support, has not progressed. It included legislation and establishment of an independent Safeguarding Authority.

She said there is a fresh opportunity to now progress this with publication of the long awaited report of the Law Reform Commission (LRC), on a legislative framework for adult safeguarding, that is due very shortly.

These steps were urgently needed she said to prevent and reduce adult abuse, neglect and coercive control, particularly for at risk adults such as those with disabilities, frailty, serious illness or an acquired brain injury.

“Safeguarding Ireland recommends that following publication of the legislative framework that the 2017 Adult Safeguarding Bill be revisited, and progressed, including adult safeguarding legislation and an independent Authority.

“We should move quickly to establish a Working Group on a Safeguarding Authority, including Oireachtas members, once the LRC framework is published.”

She also highlighted three urgent legal areas which can be addressed separately including:

• Enactment of Deprivation of Liberty legislation
• A expansion of Coercive Control legislation to include non-intimate relationships
• Address the lack of data sharing between agencies, which is caused by how GDPR legislation is being interpreted.

Ms Rickard-Clarke went on to set out what the role of a Safeguarding Authority should include: 

• Receiving and investigating individual complaints
• Overseeing the investigation of complaints where a person is not in receipt of any care services
• Overseeing the investigation of complaints of various types of abuse, including financial and social welfare income abuse and human trafficking
• Oversight of critical incidents including deaths and matters of abuse and neglect relating to adults at risk
• Carrying out statutory inspections – existing provision is effectively limited to the health and social care domain, and even within that sector, is constrained and fragmented

• Relevant statutory bodies (HSE, the Decision Support Service, HIQA, the Mental Health Commission) would have a statutory obligation to report to and interact with the Authority on safeguarding issues, as part of the interagency collaboration required in relation to safeguarding adults at risk 
• There is a logical argument for transfer of the role of the National Safeguarding Office to within the structure of a new National Adult Safeguarding Authority
• There is a very strong argument that Safeguarding and Protection Teams (SPTs) should be independent of the HSE.
• Responsibility for ongoing awareness among professional and the public – particularly with regard to supporting decision-making, empowering people with reduced capacity, using independent advocacy, identifying risk and when and how to report concerns.

She recommended the following structure for the Authority:

• It should be led by the Department of Justice with the involvement of a number of Government Departments to include: Health, Social Protection, Housing, Finance and Children, Equality, Disability, Integration & Youth Affairs
• Include participation by key statutory agencies – the National Safeguarding Office & Teams, Decision Support Service, HSE Health & Social Care Services, Mental Health Commission, Citizens Information Board, Courts Service, Data Protection Commissioner, Central Bank/Financial Services Regulator, An Garda Síochána
• Include oversight by an Oireachtas Committee
• Involve independent advocacy services.

Ms. Rickard-Clarke also welcomed commencement in April 2023 of the Assisted Decision-making (Capacity) Acts, and the ongoing work of the Decision Support Service.

* A Safeguarding Ireland commissioned survey in 2020 found that 91% favoured stronger safeguarding laws and 85% supported a national body dedicated to adult safeguarding. 

A Summary of Safeguarding Ireland commissioned RED C awareness polls 2017-2022 is at: https://safeguardingireland.org/wp-content/uploads/2022/12/6516-Safeguarding-REDC-FINAL-blue.pdf

Further Information

Ronan Cavanagh, Cavanagh Communications: (086) 317 9731.

Safeguarding Ireland promotes safeguarding of adults to protect them from all forms of abuse by persons, organisations and institutions and to deliver a national plan for promoting their welfare.

Safeguarding means putting measures in place to uphold our rights, to support our health and wellbeing, to reduce our risk of harm – and to empower us to protect ourselves. Safeguarding involves ourselves, our families, services and professionals all working together to prevent and respond to adult abuse, neglect or coercive control. Safeguarding means empowerment – that if we face challenges our capacity, ability our independence our decisions are supported and respected.