Please see below an update about the proposed Designated Adult Safeguarding Manager role in Chapter 14 of the Care Act statutory guidance, we would also like to draw your attention to the Summary of Care Act parliamentary activity DH put out this week.
 
As part of the planned (Summer) update to the statutory guidance possible clarifications will be considered and revisions to the guidance on the role and functions of the Designated Adult Safeguarding Manager required by each member of the Safeguarding Adult Board. 
 
There have been queries about the relationship between partnership arrangements and the exclusion of adult safeguarding from the delegation powers in the Care Act. Please note that the power to delegate functions in the Care Act does not supersede the pre-existing ability for NHS and local authorities to enter into prescribed partnership arrangements under Section 75 NHS Act 2006. Amendments have been made to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (SI 2000/617) (”the 2000 Regulations”), which came into force on 1st April 2015 to reflect amendments made by the Care Act: see paragraph 13 of the Schedule to the Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (SI 2015/643). 
 
This means that local authorities can continue to enter into partnership arrangements with the NHS for the NHS to carry out a local authority’s “health-related functions” (as defined in the 2000 Regulations). This effectively authorises NHS bodies to exercise those prescribed functions, including adult safeguarding functions.  In fact, all care and support functions under the Care Act can be included in such partnership arrangements except charging, carrying out financial assessments and debt recovery.
 
These arrangements are “partnership arrangements” rather than “delegations”. In addition by virtue of regulation 4 of the 2000 Regulations, arrangements may only be entered into “if the partnership arrangements are likely to lead to an improvement in the way in which those functions are exercised”. The local authority would still remain legally responsible for how its functions (including adult safeguarding) are carried out via partnership arrangements.