Safeguarding doesn’t stop at 18 – but the systems and frameworks supporting young people do change dramatically.
Many special schools support learners beyond their 18th birthday, yet the transition from child protection to adult safeguarding can feel like stepping off a "cliff edge". In this guest blog for NASS, our Safeguarding Advisor and Trainer Carolyn Eyre explores the challenges schools face navigating adult safeguarding frameworks, understanding roles under the Care Act 2014, and working with consent and parental involvement.
On 2nd May, Carolyn is delivering a half-day online training session for Designated Safeguarding Leads, Designated Safeguarding Adult Leads and all senior staff in schools supporting learners aged 18+. The session is open to all, with discounted rates for NASS members.
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The struggle for special schools with safeguarding systems post-18
A significant proportion of NASS member schools are registered for learners up to the age of 19 or additionally operate services for 18 - 25, 16 - 23 or similar. And the fact is, our Y13 pupils don't leave us on their 18th birthday. It has become more noticeable recently, through my conversations with schools and during safeguarding audits, that many Designated Safeguarding Leads (DSLs) struggle to navigate the pathways to adult social services when a concern emerges and 'child protection and safeguarding' policies simply do not translate into the world of the Care Act 2014 and 'making safeguarding personal' (MSP). In addition, we find too often that learners who have had support from children's social care - either under s47 / child protection or as children in need (s17) - appear to fall off the cliff edge as they reach their 18th birthday. This is referred to as 'transitional safeguarding' and needs careful planning on the part of the school.
From child protection to adult safeguarding: A shift in approach
There is no getting away from it; the legislative/statutory framework and multi-agency procedures for safeguarding adults at risk are completely different to those for child protection and child in need. Rather than a professional intervention in family life, the adult safeguarding system in this country is based on a community network model and, to some extent, self-determination: the individual's right to make choices that professionals and family members disagree with. Faced with a concern or allegation that would meet the threshold for s47 referral to children's social care, we are shocked to discover that the threshold for referral to adult social care services is not met, or is met but the multi-agency response is informal action. Local authorities may not always explain that, even if the threshold for s42 (adult at risk) is not met, the LA may still have a duty under s9 to assess the person's care and support needs. In addition, the LA must undertake a carer's assessment under s10 if it appears that the carer needs support - or if the carer requests an assessment.
The role of consent and parental involvement in adult safeguarding
Parents and carers can also find the adult safeguarding system perplexing; there is no presumption of parental consent or even a responsibility to discuss concerns with them. If the DSL does want to speak to parents, they have to consider whether the informed consent of the learner is required. Parents will often have some understanding of the school child protection policy/ies, including the focus on partnership working and consent to share information about their child with other agencies, so it is essential that settings with Y14 and above have a 'safeguarding adults at risk' policy that makes clear to parents how safeguarding concerns are dealt with once their child becomes an adult.
Clarifying roles and responsibilities under the Care Act 2014
The Care Act 2014 and Care & Support statutory guidance require settings that provide services to adults at risk (adults with care and / or support needs) to have:
- a designated safeguarding adults lead (DSAL) - responsible for writing and implementing the safeguarding policy
- alerting manager(s) who make referrals to adult social care (in small organisations, the DSAL and alerting manager may be the same person)
- a safeguarding adults at risk policy & procedures
- training for staff
- a culture of 'making safeguarding personal' - the six key elements being: empowerment prevention proportionality protection partnership accountability
What is becoming clear is that, if a setting embeds the six key principles of MSP for all learners in kS4 / 5, transition from the child protection / child in need framework to the safeguarding adults framework can be far more successful.
Bridging the training gap for DSLs and DSALs
Despite significant differences between child protection / child in need and safeguarding adults at risk, it is very difficult to find suitable CPD; very few local authorities offer DSAL training, for example.
On 2nd May, I am running a half-day online course for special schools who have have learners at Y13 and above. Training is open to all with discounted rates for NASS members.
The training will cover:
- The Care Act 2014 – what is an adult at risk?
- Transitional safeguarding – the cliff edge between child protection and adult safeguarding
- The role & responsibilities of the designated safeguarding adult lead (DSAL / DSL) and alerting managers (DDSLs)
- The arrangements that settings must have in place to safeguard adults at risk
- Making referrals to partner agencies – LA duties under s42, s9, s10 & s11
- Managing issues of consent
The training is suitable for DSLs / DSALs, DDSLs (who may become alerting managers) and other senior staff with safeguarding responsibilities for learners beyond their 18th birthday, such as registered managers, residential managers, Principals, etc.
To book your place or find out more about the training, please visit: https://www.nasschools.org.uk/events/safeguarding-learners-over-the-age-of-18-2nd-may-2025/