On 7 January, Mr and Mrs Randell, an elderly Northamptonshire couple, were found dead in their freezing cold home. It was believed they had been dead for days. Although they died from natural causes, Northamptonshire County Council’s Safeguarding Adults Board is carrying out a review into the care provided. Local people, including their MP, had been attempting to get help for this vulnerable couple before their deaths.

It is 10 years since the Department of Health published its ‘No Secrets’ guidance that set out a policy framework to protect adults at risk, which social services must develop with other agencies such as the police. However this guidance is not legislation, which means that those seeking help may at times find the response patchy.

Since then a piecemeal approach has been taken to the passing of safeguarding legislation, including the Mental Capacity Act 2005, the Fraud Act 2006 and the Safeguarding Vulnerable Groups Act 2006, which, when added to previous legislation dating back to 1948, makes it almost impossible for the uninformed to navigate the system to find a solution. Legislation has mainly been aimed at formal carers, often in a care home setting, yet, as with child abuse, the perpetrator is more likely to be a family member.

Individuals rather than the state could ensure better protection, if they were to notice the situation, ‘whistle blow’ to state agencies and take decisive action, such as moving the person to a safe place and seeking appropriate remedies, in some cases against the perpetrator. It is within this context that lawyers can play their part.

What can solicitors do?The Solicitors Code of Conduct focuses our attention on undue influence, but abuse is a much wider concept. Older people are particularly at risk in so far as they are more likely to suffer from a mental degenerative disease (such as dementia), ill health and disability. They may become more reliant on others to support them in daily living or give another power of attorney or transfer assets. The power and influence they previously had may be reduced or lost.

Lawyers may come across cases where they suspect a person is subject to abuse, ill treatment or neglect, but may not be sure of the indicators of abuse, and whether or how they should handle what may be a sensitive issue. What if the perpetrator is also providing vital care or the client is reluctant to seek help?

Knowing how to deal with your initial concerns is the first step to helping the client. It is also important not to be judgmental; for example, a carer may have ill-treated the client, and due to the intolerable stress they are under, need support or befriending services. The client may not want action to be taken and your role may be limited to providing advice on their options.

Your duty of confidentiality is still important. However if the client now lacks mental capacity, you may be able to do what is necessary, if you believe it is in their best interest. For example, if you suspect your client’s attorney under a registered financial Lasting Power is misusing money, your duty is to the client and not the attorney, so you could contact the Office of the Public Guardian and ask them to investigate the situation. In such cases you will be paid for the work you do, where you apply to the Court of Protection for the removal of the attorney and the appointment of a deputy, as the Court will order the legal fees to be paid out of the client’s estate.

Get the guideIn an effort to signpost lawyers so they can identify abuse, understand their professional responsibilities and know the available remedies, Solicitors for the Elderly has published a guide for recognising, preventing and dealing with abuse, ill treatment and neglect, available free from our website.

We hope that by our making this guide widely available, the profession will see they can be ‘partners’ in safeguarding those at risk.

Caroline Bielanska is chair of Solicitors for the Elderly, the national association of specialist lawyers who advise older and vulnerable adults, their families and carers