Adult Safeguarding in County Durham: Section 42 Enquiries

You don’t need proof of abuse before raising an adult safeguarding concern. For adult safeguarding in County Durham, the key question is whether there is reasonable suspicion that the Care Act’s three conditions apply.

A Section 42 enquiry can protect someone whose care and support needs leave them unable to protect themselves. However, it isn’t the same as a care assessment, a complaint or a police investigation.

Start with the legal threshold, then use the right reporting route.

Key Takeaways

• Durham County Council must make or arrange enquiries when it reasonably suspects all three Section 42 conditions apply.
• The duty can cover people who pay privately for care or receive no council services.
• Report concerns to Social Care Direct on 03000 267 979, available 24 hours a day.
• Call 999 if someone is in immediate danger.
• A concern that doesn’t meet the threshold may still require practical support or another response.

When Adult Safeguarding in County Durham Requires an Enquiry

The three Section 42 conditions

Under Section 42 of the Care Act, the council’s duty applies where it has reasonable cause to suspect that an adult in its area:

• Has needs for care and support, whether or not the council meets those needs.
• Is experiencing abuse or neglect, or is at risk of it.
• Is unable to protect themselves against that abuse, neglect or risk because of their care and support needs.

All three conditions must apply. The adult must be aged 18 or over, but they don’t have to be ordinarily resident in County Durham.

The threshold is reasonable suspicion, rather than confirmed wrongdoing. You can therefore report what you have seen or heard without first establishing exactly what happened.

The council must then make, or arrange, whatever enquiries it considers necessary to decide whether action is needed and who should take it.

Care needs don’t depend on council funding

A person doesn’t need an existing social worker, a council-funded care package or a completed needs assessment.

Care and support needs may relate to a physical disability, dementia, a learning disability or mental ill health. However, a diagnosis alone doesn’t establish the whole safeguarding threshold.

The council must consider how those needs affect the person’s ability to protect themselves. Paying privately for a care home doesn’t remove the council’s safeguarding duty.

What Abuse or Neglect Can Look Like

Harm can happen in any setting

Adult safeguarding covers harm at home, in hospitals, in care homes and elsewhere. The person responsible may be a relative, partner, paid worker or stranger.

Physical and sexual abuse fall within safeguarding, as do psychological abuse, domestic abuse and financial exploitation. Discriminatory abuse, modern slavery and organisational abuse can also require action.

Neglect may involve failures to provide necessary food, personal care, medication or medical attention. Financial abuse can include theft, pressure over money or misuse of someone’s property.

A complaint about care quality and a safeguarding concern can overlap. Where poor care exposes someone to abuse or neglect, don’t assume the provider’s complaints process is enough.

Self-neglect needs an individual assessment

Self-neglect can involve serious difficulties with personal hygiene, health or surroundings, including hoarding. However, it doesn’t automatically trigger a Section 42 enquiry.

The council must consider the circumstances and whether the three conditions apply. An adult’s ability to protect themselves matters more than whether others dislike their choices.

For local context, the CQC’s assessment of Durham safeguarding reported that approximately two in five concerns became Section 42 enquiries between April 2022 and March 2023. That is historical information, not a current rate or a target for deciding cases.

How to Report a Safeguarding Concern in County Durham

Contact Durham County Council Social Care Direct on 03000 267 979. The service accepts reports 24 hours a day, and callers can remain anonymous.

The council’s reporting advice for abuse and neglect explains that a trained officer can listen, advise and make a safeguarding referral where needed. You don’t need to complete an adult safeguarding referral form.

If someone is in immediate danger, call 999. Explain that an adult with care and support needs is involved.

When reporting, give the person’s name and location if you know them. Describe what happened, when it happened and whether the danger is continuing.

Explain the person’s care and support needs, alongside anything that affects their ability to protect themselves. Also say whether they know about the report and what they want to happen.

Separate what you witnessed from information someone else gave you. Keep relevant messages or documents, but don’t confront the suspected abuser or put yourself at risk to obtain evidence.

If the concern arises in a hospital or another care setting, report it promptly to a member of staff too. This doesn’t replace calling emergency services where immediate danger exists.

Ask for a reference number and keep a dated record of the conversation.

What Happens During a Section 42 Enquiry?

The council decides what enquiries are necessary

An enquiry may begin with a conversation with the adult. Depending on the concern, it can also involve reviewing care records, speaking with staff or gathering information from other agencies.

There isn’t a single investigation format for every case. The work should match the risk, the circumstances and the adult’s wishes.

Durham County Council can ask another organisation to undertake enquiries, but it retains responsibility for its statutory duty. A care provider’s internal investigation doesn’t automatically settle the council’s safeguarding responsibilities.

Police may investigate suspected crimes alongside safeguarding work. Meanwhile, an employer may consider disciplinary action, and the Care Quality Commission may consider concerns about a regulated provider.

These processes have different purposes and may run alongside one another.

The enquiry should lead to clear decisions

The enquiry should establish whether action is needed, what action is appropriate and who will take it.

Possible responses include changes to care arrangements, measures against financial exploitation or referrals for specialist support. The outcome depends on the evidence and circumstances.

Ask who is coordinating the response, how immediate risks are being managed and when you can expect an update. Don’t assume there is a fixed deadline for every Section 42 enquiry.

Reporting a concern doesn’t guarantee that you will receive the full findings. The council must consider the adult’s confidentiality when sharing information with relatives or other reporters.

The Adult’s Wishes, Consent and Mental Capacity

Adult safeguarding in County Durham should involve the person affected. The Care and Support Statutory Guidance promotes person-led safeguarding focused on the outcomes the adult wants.

That may include feeling safe at home, stopping financial pressure or changing a care arrangement. Professionals should explain available options in language the person can understand.

You can report a concern without first obtaining the adult’s consent. However, their wishes still matter, and reporting doesn’t give professionals unrestricted authority to intervene.

Where an adult refuses help, professionals must consider capacity, coercion, risks to others and any relevant legal duties. Refusal alone doesn’t establish a lack of mental capacity.

Capacity relates to a particular decision at a particular time. An unwise decision doesn’t, by itself, mean someone lacks capacity.

If the person lacks capacity for the decision involved, the Mental Capacity Act framework applies, including best-interests decision-making.

The council must also consider independent advocacy where the adult has substantial difficulty participating and no appropriate person can support their involvement. Ask about communication support early, rather than waiting until decisions have been made.

If the Section 42 Threshold Isn’t Met

A decision not to begin a Section 42 enquiry doesn’t necessarily mean that nothing is wrong. The council may consider another safeguarding response or direct the person towards appropriate services.

The Local Government Association’s guidance on safeguarding enquiry decisions distinguishes statutory Section 42 enquiries from other safeguarding enquiries.

Ask the council to explain which condition it considers unmet and what support it proposes instead.

Where everyday tasks are becoming difficult, a County Durham care needs assessment can consider support with washing, dressing, meals or staying safe. That assessment is separate from deciding whether abuse or neglect requires a safeguarding enquiry.

An unpaid carer may also need an assessment of their own support needs. Pressure on carers deserves attention before it becomes a crisis.

New information or increasing risk should prompt a fresh report.

Challenging an Unclear or Inadequate Response

If you believe the council has misunderstood the risk, ask for a written explanation of its decision. Identify the missing information rather than simply repeating that you disagree.

Keep a short chronology with dates, reference numbers and promised callbacks. Explain which facts relate to care needs, abuse or neglect, and the person’s ability to protect themselves.

If you are complaining about delay, communication or how the concern was handled, use the appropriate adult social care complaints route. The guide to Durham County Council complaints explains why some services follow separate procedures.

A complaint doesn’t replace an urgent safeguarding report. If danger continues or new harm occurs, report that separately and clearly.

You may also wish to request your own personal records. The guide to accessing Durham Council records explains subject access requests, although confidentiality and lawful exemptions can limit disclosure.

Expect clear reasons and identified responsibilities. However, don’t assume a relative is entitled to confidential information without the adult’s permission or another lawful basis.

Frequently Asked Questions

Does the adult need to receive social care?

No. Section 42 can apply whether or not Durham County Council meets the person’s care and support needs. Private funding doesn’t exclude someone, and neither does having no existing care package.

Can I report concerns about another adult?

Yes. A relative, neighbour, friend or professional can raise a concern. Explain your relationship, describe the facts and say whether the adult knows about the report. Durham also accepts anonymous reports.

Does every report become a Section 42 enquiry?

No. The council considers whether it reasonably suspects all three statutory conditions apply. Other concerns may need a care assessment, another safeguarding response, police involvement or a service complaint. Ask what happens next and why.

Conclusion: Report the Risk, Ask for Clear Reasons

Adult safeguarding in County Durham starts with recognising possible harm and reporting it through the right route. You don’t need to prove abuse before asking the council to consider its duties.

Section 42 requires reasonable suspicion of all three conditions. Keep the adult’s wishes central, record the facts and ask for clear decisions about protection and support.

If someone faces immediate danger, call 999 rather than waiting for an enquiry.