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Annex
H
Definition of Vulnerable Adult |
The Safeguarding Vulnerable Groups
Act 2006 defines a vulnerable adult as:
1. A person is a vulnerable adult if he has attained the age
of 18 and:
(a) he is in residential accommodation,
(b) he is in sheltered housing,
(c) he receives domiciliary care,
(d) he receives any form of health care,
(e) he is detained in lawful custody,
(f) he is by virtue of an order of a court under supervision
by a person exercising functions for the purposes of Part
1 of the Criminal Justice and Court Services Act 2000 (c.
43),
(g) he receives a welfare service of a prescribed description,
(h) he receives any service or participates in any activity
provided specifically for persons who fall within subsection
(9),
(i) payments are made to him (or to another on his behalf)
in pursuance of arrangements under section 57 of the Health
and Social Care Act 2001 (c. 15), or
(j) he requires assistance in the conduct of his own affairs.
2. Residential accommodation is accommodation provided for
a person:
(a) in connection with any care or nursing he requires, or
(b) who is or has been a pupil attending a residential special
school.
3. A residential special school is a school which provides
residential accommodation for its pupils and which is:
(a) a special school within the meaning of section 337 of
the Education Act 1996 (c. 56);
(b) an independent school (within the meaning of section 463
of that Act) which is approved by the Secretary of State in
accordance with section 347 of that Act;
(c) an independent school (within the meaning of section 463
of that Act) not falling within paragraph (a) or (b) which,
with the consent of the Secretary of State given under section
347(5)(b) of that Act, provides places for children with special
educational needs (within the meaning of section 312 of that
Act);
(d) an institution within the further education sector (within
the meaning of section 91 of the Further and Higher Education
Act 1992) which provides accommodation for children.
4. Domiciliary care is care of any description or assistance
falling within subsection (5) whether provided continuously
or not which a person receives in a place where he is, for the
time being, living.
5. Assistance falls within this subsection if it is (to any
extent) provided to a person by reason of: (a) his age; (b)
his health; (c) any disability he has.
6. Health care includes treatment, therapy or palliative care
of any description.
7. A person is in lawful custody if he is:
(a) detained in a prison (within the meaning of the Prison
Act 1952 (c. 52));
(b) detained in a remand centre, young offender institution
or secure training centre (as mentioned in section 43 of that
Act);
(c) detained in an attendance centre (within the meaning of
section 53(1) of that Act);
(d) a detained person (within the meaning of Part 8 of the
Immigration and Asylum Act 1999 (c. 33)) who is detained in
a removal centre or shortterm holding facility (within the
meaning of that Part) or in pursuance of escort arrangements
made under section 156 of that Act.
8. The reference to a welfare service must be construed in
accordance with section 16(5).
9. A person falls within this subsection if:
(a) he has particular needs because of his age;
(b) he has any form of disability;
(c) he has a physical or mental problem of such description
as is prescribed;
(d) she is an expectant or nursing mother in receipt of residential
accommodation pursuant to arrangements made under section
21(1)(aa) of the National Assistance Act 1948 or care pursuant
to paragraph 1 of Schedule 8 to the National Health Service
Act 1977 (c. 49);
(e) he is a person of a prescribed description not falling
within paragraphs (a) to (d).
10. A person requires assistance in the conduct of his own
affairs if:
(a) a lasting power of attorney is created in respect of
him in accordance with section 9 of the Mental Capacity Act
2005 (c. 9) or an application is made under paragraph 4 of
Schedule 1 to that Act for the registration of an instrument
intended to create a lasting power of attorney in respect
of him;
(b) an enduring power of attorney (within the meaning of Schedule
4 to that Act) in respect of him is registered in accordance
with that Schedule or an application is made under that Schedule
for the registration of an enduring power of attorney in respect
of him;
(c) an order under section 16 of that Act has been made by
the Court of Protection in relation to the making of decisions
on his behalf, or such an order has been applied for;
(d) an independent mental capacity advocate is or is to be
appointed in respect of him in pursuance of arrangements under
section 35 of that Act;
(e) independent advocacy services (within the meaning of section
248 of the National Health Service Act 2006 (c. 41) or section
187 of the National Health Service (Wales) Act 2006 (c. 42))
are or are to be provided in respect of him;
(f) a representative is or is to be appointed to receive payments
on his behalf in pursuance of regulations made under the Social
Security Administration Act 1992.
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