Implications of divergences in adult protection legislation
Abstract
Purpose
The purpose of this paper is to explore the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the USA.
Design/methodology/approach
The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the commissioner for older people in Northern Ireland. This paper focusses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses.
Findings
Arguments exist both for and against each legal approach. Differences in defining the scope and powers of adult protection legislation in the UK and internationally are highlighted.
Research limitations/implications
This review was undertaken in late 2013; while the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. While the expertise of a group of experienced professionals in the field of adult safeguarding was utilized, it was not feasible to employ a formal survey or consensus model.
Practical implications
Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted.
Social implications
The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals.
Originality/value
This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.
Keywords
Acknowledgements
The research team wishes to acknowledge that this paper is based on material gathered as part of a report on adult safeguarding in Northern Ireland commissioned and funded by the Commission of Older People Northern Ireland in October 2013. The views and debates expressed in this paper reflect those of the research team and not those of the COPNI who has taken no part in its drafting, but who has provided permission for the team to publish on report findings.
Citation
Montgomery, L., Anand, J., Mackay, K., Taylor, B., Pearson, K.C. and Harper, C.M. (2016), "Implications of divergences in adult protection legislation", The Journal of Adult Protection, Vol. 18 No. 3, pp. 149-160. https://doi.org/10.1108/JAP-10-2015-0032
Publisher
:Emerald Group Publishing Limited
Copyright © 2016, Emerald Group Publishing Limited