Legal body calls for powerful agency to protect at-risk adults

The report recommends four new offences, including one of coercive exploitation, to cover situations like 'cuckooing', where other adults use the property of the at-risk adult for criminal behaviour, such as drug dealing.

A new State body should have the power — currently only available to gardaí — to enter people’s homes, on foot of a court warrant, where they have concerns for the wellbeing of an “at-risk” adult, who is vulnerable to harm from another person.

The establishment of a social work-led safeguarding body is the central recommendation of a 1,000-page report by the Law Reform Commission (LRC), the State's expert and advisory legal body.

The report also calls for new laws to give gardaí the power to enter the homes of at-risk adults without a warrant where there is a reasonable belief of an “immediate risk” to their life.

It recommends four new offences, including one of coercive exploitation, to cover situations like "cuckooing", where other adults use the property of the at-risk adult for criminal behaviour, such as drug dealing.

The LRC said State agencies have currently “limited ability” to intervene in serious cases and cited recent scandals such as Leas Cross, Áras Attracta, the ‘Grace’ case, and the ‘Emily’ case.

It said there is “little to prevent” people who work in a care occupation that is not regulated — such as health care assistant — from moving around despite concerns of abuse or neglect being raised about them.

The LRC recommends the establishment of a new statutory framework, including duties on services across a range of services as well as financial institutions, a new mandatory reporting system, and a statutory obligation on State agencies to cooperate and share information with the safeguarding body.

The report urges:

• Safeguarding duties be imposed on a range of services, including nursing homes, residential and day services for adults with disabilities, accommodation for asylum applicants, residential services for the homeless and substance users, domestic violence refuges, services that provide care to adults in their homes, and gardaí;
• Four new criminal offences: Intentional or reckless abuse, neglect or ill-treatment; exposure to risk of serious harm or sexual abuse; coercive control extended to more relationships and coercive exploitation;
• A new social work-led safeguarding body, which would enforce duties of services by issuing notices, non-compliance notices and placement of a service on a non-compliance register;
• This body should have statutory powers to enter the premises of these services without a warrant to assess the health and safety of at-risk adults, with powers to inspect documents;
• New legislation should give the body, and the gardaí, powers to access the homes of at-risk adults on foot of a court warrant where they have a reasonable belief there is a risk to the safety of the at-risk adult;
• A power to medically examine and interview the person, if they consent;
• New laws should give gardaí the power to enter the home of an at-risk adult without a warrant where they have a reasonable belief of an “immediate risk” to the life and limb of the person;
• A “removal and transfer order”, issued by the courts, to allow gardaí, accompanied by the safeguarding body to, take an at-risk adult, if necessary by reasonable force, to a designated facility where they believe an objection by the at-risk adult is not voluntary or if there is a reasonable doubt as to the person’s capacity.

The report also recommends the safeguarding body be given the power to seek court orders prohibiting specific individuals having contact with an at-risk adult. 

This could extend to emergency situations where the at-risk adult does not consent.