Effectively Safeguarding Adults

The importance of protecting adults at risk of abuse and neglect is a principle which is universally recognised. Safeguarding often, however, involves the investigation of complex and sensitive issues and a need to balance fairness to all participants with a paramount need to protect the adult who is the focus of any investigation. Developing effective processes to deal with safeguarding issues can consequently be challenging. It is, therefore, perhaps not surprising that new safeguarding legislation is currently under consideration in both Northern Ireland and Ireland.

Northern Ireland

On 17 June 2025, the Health Minister in Northern Ireland introduced the Adult Protection Bill, the purpose of which is to enhance protections for adults at risk of harm and provide a clear statutory footing for adult safeguarding measures.

The Adult Protection Bill was introduced following on from the publication of the ‘Home Truths’ report by the Commissioner for Older People in Northern Ireland in January 2020, which related to governance issues arising in a private care home and a review report issued in August 2020 re leadership and governance at Muckamore Abbey Hospital. Issues raised in both reports led to a recognition that there was a need to strengthen and underpin the adult protection process.

The Adult Protection Bill will introduce seven principles namely, prevention, autonomy, empowerment, dignity, proportionality, partnership and accountability which should be adhered to by all persons involved in adult protection. The objective is to align Northern Ireland with the rest of the UK, where similar legislation has been in place since 2014 in England and 2016 in Scotland and Wales.

The Bill is currently at Committee Stage.

Ireland

The Adult Safeguarding Bill 2017 aims to protect adults at risk of harm, including establishing a National Adult Safeguarding Authority. Whilst this bill has been progressing through the Oireachtas, a separate Health (Adult Safeguarding) Bill is being developed specifically for the health and social care sector.

The Law Reform Commission published a Report on “A Regulatory Framework for Adult Safeguarding” (“the Report”) in April 2024, together with a draft Civil Law Bill and a draft Criminal Law Bill. The Report set out comprehensive and wide-ranging recommendations, including the establishment of a social work-led adult Safeguarding Body with a statutory function to promote the health, safety and welfare of at-risk adults, as well as an expansion to the remit of existing regulators such as HIQA (the Health Information and Quality Authority) and the Mental Health Commission.

The aim of the Adult Safeguarding Bill 2024 is to provide for the safeguarding of adults with a comprehensive, cross-sectoral statutory and regulatory framework. This framework envisages a rights-based approach to empower adults at risk of harm to protect themselves. The Bill seeks to safeguard adults who, by reason of their physical or mental condition or other particular personal characteristics, family or life circumstances, require support to protect themselves from harm.

The aim of the Criminal Law (Adult Safeguarding) Bill 2024, will be to introduce specific offences relating to acts committed against adults whose ability to guard themselves against violence, exploitation or abuse, whether physical, sexual or emotional, or against neglect by another person is significantly impaired. This would include the introduction of four new criminal offences:

(1) an offence of intentional or reckless abuse, neglect or ill-treatment of a relevant person;

(2) an offence of exposure of a relevant person to a risk of serious harm or sexual abuse;

(3) an offence of coercive control of a relevant person;

(4) an offence of coercive exploitation of a relevant person.

The Programme for Government 2025 includes a commitment to publish a national policy of adult safeguarding for the health and social care sectors. It is understood that the Department of Health and the Department of Children, Disability and Equality are at advanced stage of finalising this policy to strengthen the current provisions.

The commitment to strengthening protections for vulnerable adults demonstrated in the Bills under consideration is welcome. It is hoped that there will remain a political focus on ensuring that legislation is enacted to better promote the welfare of vulnerable adults and safeguard them from abuse.

If you would like any further information or advice on the information mentioned within this article, please contact Ciara Hanratty or Danielle Sumner from our Healthcare team.

*This information is for guidance purposes only and does not constitute, nor should be regarded as, a substitute for taking legal advice that is tailored to your circumstances.