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Duty to make enquiries under Section 126(1) (s.126) of the Social services and Well-being (Wales) Act 2014)

Section 3 part 1

Safeguarding enquiries are made under s126 of the Social Services and Well-being (Wales) Act 2014. Following a report, social services have a duty to make enquiries, if there is reasonable case to suspect that a person within its area (whether or not ordinarily resident there) is an adult at risk (refer to adult at risk definition above).

Enquiries should normally be completed within 7 working days of the report/referral. The 7 working day enquiry period will commence once the report has been received by the local authority.

These enquiries should include:

  • checking general factual accuracy of any report;
  • completing an initial evaluation: This will involve collecting, reviewing and collating information. (They may ask other relevant partners to complete this on their behalf but retain case responsibility);
  • determining what, if any, action should be taken.

The factual accuracy, initial evaluation and determination process do not need to follow consecutively, practitioners can proceed to the element that is applicable in each case.

The following questions should, however, be considered throughout the enquiry process:

  • Are the enquiries person-centred ?
  • Does the adult at risk lack capacity to make a decision to protect themselves from abuse?
  • Should police be involved because a crime is suspected or becomes known?
  • Are care and support needs being recognised as they emerge?

Factual accuracy may have already been established within the reporting and screening stage, but confirmation of this information should be obtained.