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Elder abuse law covers the legal protections available to older adults who are harmed, exploited or neglected by others. In Margate, which is part of the Thanet district in Kent, England, the legal framework is primarily governed by national legislation and local procedures implemented by Kent County Council, local health services and Kent Police. The law provides both criminal and civil remedies, and it sets out duties for local authorities and health bodies to investigate and respond when abuse is suspected.
Legal help is often needed in elder abuse matters because the issues involve complex interactions between criminal law, civil remedies, capacity law and public authority duties. You may need a lawyer if any of the following apply:
- There is suspected or proven financial abuse, such as unauthorised transfers, fraud, undue influence over wills, misuse of a Lasting Power of Attorney or theft of assets.
- You need to challenge or enforce a Lasting Power of Attorney, or apply to the Court of Protection for deputyship where someone lacks capacity.
- You want to bring a civil claim for compensation against a perpetrator or a care provider for negligence or breach of contract.
- You need urgent protective orders or injunctions to prevent further harm, or you need criminal reporting and support through prosecution processes.
- You are dealing with disputes about the provision of social care, care-place fees or the lawfulness of a deprivation of liberty.
- You require representation in safeguarding enquiries, disputes with local authorities or appeals of statutory decisions affecting care and liberty.
The following legal principles and statutory frameworks are particularly relevant in Margate and across England:
- Care Act 2014: Places duties on local authorities to prevent, stop and reduce abuse and neglect. Section 42 requires enquiries where an adult with care and support needs is suspected to be at risk of abuse or neglect.
- Mental Capacity Act 2005: Governs decision-making for people who may lack capacity. It sets out how best-interest decisions should be made and how Lasting Powers of Attorney and deputyships operate.
- Deprivation of Liberty Safeguards (DoLS) and Liberty Protection Safeguards (LPS): DoLS currently apply in certain settings to authorise deprivation of liberty for people lacking capacity; LPS is the proposed replacement - check current implementation status with local professionals. Challenges to the lawfulness of deprivation of liberty can be brought to court.
- Criminal law: Acts such as assault, battery, sexual offences, fraud, theft and modern slavery provisions can apply where abuse is criminal. The police investigate and may prosecute.
- Domestic Abuse Act 2021: Provides protections for victims of domestic abuse aged 16 and over, which can apply to older people where the relationship falls within the Act.
- Care Quality Commission (CQC) regulation: The CQC inspects and regulates care providers. Failings by a regulated provider can lead to enforcement action and form the basis for civil claims.
- Court of Protection: Handles applications where people lack capacity and decisions about property, welfare and urgent applications for deputyship or urgent authorisations.
Abuse can be physical, sexual, psychological, emotional, financial or material, as well as neglect or acts of omission. It can happen in private homes, care settings, hospitals or financial institutions. Exploitation, coercion and modern slavery are also forms of abuse.
If someone is in immediate danger call the police - in the UK dial 999. For non-urgent concerns contact Kent County Council adult social services to request a safeguarding referral, and inform Kent Police if a crime may have occurred. You can also seek advice from local advocacy and support organisations.
Yes. Anyone can report suspected abuse. The response will depend on the adult's mental capacity and wishes. Local authorities must balance safety with the adult's autonomy. If the person lacks capacity, authorities may take protective action under the Mental Capacity Act and Care Act duties.
A Lasting Power of Attorney (LPA) allows someone to make decisions about property and financial affairs or health and welfare on behalf of another person if they lose capacity. Abuse can occur if an attorney misuses funds, acts beyond their authority or exerts undue influence. Misuse can be challenged through the Office of the Public Guardian, the Court of Protection or through civil claims.
If you believe an LPA is being misused or was created under undue influence, you can raise concerns with the Office of the Public Guardian, which can investigate and apply to the Court of Protection to revoke or restrict an LPA. If no LPA exists and the person lacks capacity, you can apply to the Court of Protection to become a deputy to manage their affairs.
Under a Section 42 enquiry the local authority will gather information, interview the adult at risk and relevant witnesses, and assess risks and needs. The aim is to determine whether abuse has occurred, what steps are required to protect the adult and what support should be provided. The adult should be involved as much as possible and provided with an outcome plan.
Removal from home is an extreme step and depends on capacity and safety. If the person lacks capacity and is at serious risk, protective measures, including temporary moves to safe accommodation, may be necessary. If the person has capacity and objects, authorities must respect their choice unless there is a legal basis for intervention, such as an immediate risk to life.
Civil remedies include claims for breach of trust, unjust enrichment, conversion and negligence. A court can order repayment, compensation and, in some cases, restitution of property. Evidence such as bank records, transaction histories and witness statements will be important.
Legal aid availability depends on the type of case and the financial eligibility of the applicant. Legal aid can be available for some Court of Protection matters, certain public law challenges and criminal defence work. Many private law matters may not qualify, but there may be alternatives such as pro bono advice or charitable support.
Act promptly. Immediate risks should be reported to the police. For financial abuse and loss of assets, early action helps preserve evidence and prevent further loss. Record details, preserve documents, and seek legal and social services help without delay.
Relevant organisations and bodies that can provide advice, support, regulation or legal oversight in Margate include:
- Kent County Council adult social services and local safeguarding teams - for safeguarding enquiries and care assessments.
- Kent Safeguarding Adults Board - sets local safeguarding policy and multi-agency procedures.
- Kent Police - for reporting crimes and obtaining investigative support.
- Office of the Public Guardian - for concerns about Lasting Powers of Attorney and deputyship matters.
- Care Quality Commission - regulator of health and social care providers.
- Citizens Advice - for practical guidance, benefits advice and signposting.
- Age UK and local age-related charities - for advice, emotional support and advocacy referrals.
- Action on Elder Abuse - national charity that provides information and guidance.
- Independent Mental Capacity Advocate services - for people who lack capacity and have no suitable family or friends to represent them.
- Solicitors specialising in elder law, Court of Protection and personal injury - check for solicitors regulated by the Solicitors Regulation Authority and consider those with experience in elder abuse and capacity work.
If you suspect elder abuse and need legal assistance, follow these practical steps:
- Ensure immediate safety: If there is an immediate danger call 999. If not, remove the person from harm where possible and safe to do so.
- Report concerns: Contact Kent Police for criminal matters and Kent County Council adult social services to request a safeguarding enquiry.
- Gather and preserve evidence: Keep bank statements, receipts, correspondence, photographs, medical records and contact details of witnesses. Make written notes of incidents, dates and times.
- Seek specialist legal advice: Find a solicitor experienced in elder abuse, Court of Protection work and financial abuse. Ask about costs, likely timescales and whether legal aid might be available.
- Contact the Office of the Public Guardian if the matter involves an LPA or deputyship, and consider applying to the Court of Protection where necessary.
- Use local support services: Engage advocacy services, Age UK and other organisations for practical help, emotional support and assistance with navigating social services.
- Keep records of all communications with authorities, care providers and professionals. Maintain confidentiality where appropriate but share necessary information with trusted advisers.
Taking early, well-informed steps can protect the older person, preserve evidence and improve the prospects of a successful legal or protective outcome. If you are unsure where to start, a solicitor with elder law experience or a local advice agency can help you prioritise actions based on the specifics of your situation.
