The legal basis of safeguarding in the NHS

Responsibilities for safeguarding are enshrined in international and national legislation. Safeguarding for both children and adults has transformed in recent years with the introduction of new legislation, creating duties and responsibilities which need to be incorporated into the widening scope of NHS safeguarding practice.

Regardless of the developing context, all health organisations are required to adhere to the following arrangements and legislation.

  • Legislation for:
  • The Crime and Disorder Act 1998
  • Female Genital Mutilation Act 2003
  • Mental Capacity Act 2005
  • Convention on the Rights of Persons with Disabilities 2006
  • Mental Health Act 2007
  • Children and Families Act 2014
  • Modern Slavery Act 2015
  • Prevent Duty 2015
  • Serious Crime Act 2015
  • Domestic Abuse Act 2021
  • Police, Crime, Sentencing and Courts Act 2022
  • Health and Care Act 2022
  • Safeguarding Children:
  • United Nations Convention on the Rights of the Child 1989
  • Children Act 1989 and 2004
  • Promoting the Health of Looked After Children Statutory Guidance 2015
  • Children and Social Work Act 2017
  • Working Together to Safeguard Children Statutory Guidance 2018
    PDF, 2300kb, 111 pages
  • Safeguarding Children and Young People: Roles and Competencies for Healthcare Staff 2019
    PDF, 1192kb, 114 pages
  • Safeguarding Young People Transitioning into Adults, including Children in Care:
  • United Nations Convention on the Rights of the Child 1989
  • Children Act 1989 and 2004
  • Promoting the Health of Looked After Children Statutory Guidance 2015
  • Children and Social Work Act 2017
  • Working Together to Safeguard Children Statutory Guidance 2018
    PDF, 2300kb, 111 pages
  • Looked After Children: Roles and Competencies of Healthcare Staff 2020
  • Safeguarding Adults:
  • The Care Act 2014
  • Care and Support Statutory Guidance- Section 14 Safeguarding
    PDF, 3700kb, 431 pages
  • Adult Safeguarding: Roles and Competencies for Health Care Staff 2018
    PDF, 488kb, 44 pages