Key Questions
- What does ill-treatment and wilful neglect mean?
- Who is a care worker under the Act?
- Who is a care provider under the Act?
- What is the role of the Care Quality Commission?
- What should you do if you have concerns that an adult is being ill-treated or wilfully neglected?
What does ill-treatment and wilful neglect mean?
Ill-treatment and wilful neglect are offences under the Criminal Justice and Courts Act 2015. The offences can apply to organisations which provide care and to individual care workers.
‘Wilful’ means that a care worker has acted deliberately or carelessly in relation to the adult they are paid to care for.
‘Ill-treatment’ is also deliberate and is when a care worker knew that they were ill-treating an adult or were being reckless in the care or support they were providing.
Ill-treatment does not have to result in physical harm. It can involve behaviour that causes, or could cause, emotional and psychological distress to an adult and their family.
It can also include a care worker failing to protect the privacy and dignity of an adult they are providing care and support to.
Who is a care worker under the Act?
Under the Act a ‘care worker’ is someone who is paid to provide health or social care to adults who need care or support. This includes all types of physical and mental health care, including learning disabilities.
A care worker who is found guilty of ill-treatment or wilful neglect could receive a prison sentence of up to five years or a fine, or both. For a less serious charge, they could receive a prison sentence of up to 12 months or a fine or both.
Unpaid family carers and friends cannot be charged with these offences but could be investigated and charged with different offences if they abuse or neglect an adult they are caring for.
If a care worker is deliberately failing to care for someone properly or is being cruel towards someone, this is likely to be considered wilful neglect or ill-treatment.
Examples of ill-treatment or wilful neglect include:
- not providing food to an adult who requires their meals to be prepared and brought to them;
- not washing an adult who regularly needs assistance with washing themselves;
- being verbally or physically abusive towards an adult.
Who is a care provider under the Act?
The term ‘care provider’ includes:
- a company or a director of a company that provides or arranges health or social care services for an adult;
- a person who provides health care or social care, or supervision or management to health and care staff, on behalf of the care provider.
A care provider commits an offence if:
- a care worker it employs ill-treats or deliberately neglects an adult;
- its management or organisation is poorly managed which results in a significant breach of a duty of care to an adult who is ill-treated or neglected as a result.
Examples of ill-treatment and deliberate neglect by an organisation include:
- failing to act where it is aware of practices which result in the serious neglect of adults using its service;
- consistently failing to make sure the health and safety of people who use their service resulting in serious risk to their life, health or wellbeing, despite concerns being raised by staff or other agencies.
What is the role of the Care Quality Commission?
The Care Quality Commission (CQC) is the independent regulator of health and adult social care in England. It can prosecute registered care providers if it finds a provider has breached the required standards of care.
Criminal offences should only apply where there is evidence of the worker or organisation acting or being deliberately careless, when they knew there was some risk to the adult as a result of their actions or because they did not care about the risk.
Genuine errors or accidents by a care worker should not be dealt with under this legislation.
What should you do if you have concerns that an adult is being ill-treated or wilfully neglected?
If there is a concern that a care worker or provider has ill-treated or been deliberately neglectful to an adult or adults, it should be reported to the police to investigate. The Care Quality Commission and local authority adult social care services will also be involved in the investigation and any action required as a result.
