This article examines the existing legal framework for safeguarding in the context of the Putting People First (Ministers et al, 2007) agenda, in order to consider the risks of abuse in a new era of arms' length care management, and the employment of non‐regulated workers. It examines how these risks may be adequately and proactively managed through attention to the requirements of the current legal framework, as long as it is understood that the current legal framework should be pervaded, by now, by the principles and fall‐back remedies offered by the Mental Capacity Act 2005 (HM Government, 2005a).
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