2.12. Safeguarding and discriminatory abuse

2.12.1. Introduction

This section contains information about discriminatory abuse, including what discriminatory abuse is; the legal context; and how to report and respond to incidents of discriminatory abuse.

2.12.2. Definitions of discriminatory abuse

The Care Act 2014

The Care Act Statutory Guidance (updated February 2025) defines discriminatory abuse as including “forms of harassment, slurs or similar treatment: because of race; gender and gender identity; age; disability; sexual orientation; religion”.

The Equality Act 2010

The Equality Act 2010 further defines ‘protected characteristics’, which are specific aspects of an adult’s identity, which must be protected from discrimination. These protected characteristics are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex;
• sexual orientation.

Any discrimination based on the above protected characteristics is against the law and may constitute a hate crime.

Whilst these protected characteristics are defined and protected by law, there are other characteristics which can lead to discrimination. It’s important to be aware of these, and of any prejudice adults may experience as a result of these, including adults who are care-experienced, former Armed Forces personnel, and adults experiencing homelessness (please note that in some areas care experienced is accepted as a protected characteristic).

Discrimination can take different forms; these are outlined below.

Direct discrimination

Direct discrimination is when an adult is discriminated against based on the grounds of a protected characteristic and treated differently to another adult in similar circumstances.

Discrimination by association

Discrimination by association is when an adult is treated less favourably because they are linked, or associated, with someone who has a protected characteristic.

Discrimination by perception

Discrimination by perception is when a person is discriminated against because they are thought to have a particular protected characteristic or are treated as if they do.

Indirect discrimination

Indirect discrimination is when a condition or requirement is applied equally to everyone but excludes an adult because they are unable to comply because of a protected characteristic.

Micro-aggression

Micro-aggression is also known as subtle prejudice. This is a term used for statements, actions or incidents regarded as indirect, subtle or unintentional towards members of a marginalised group.

2.12.3. Working with people at risk of or experiencing discriminatory abuse

Effective practice recognises and adapts to the diverse needs of individuals, and it is essential that services understand the implications of diversity in terms of equality and individual rights. Anti-discriminatory practice is an approach that seeks to reduce or eliminate discrimination and to remove barriers that may prevent people from accessing services. Furthermore, a Making Safeguarding Personal approach includes respecting and acknowledging diversity and equality.

You must take steps to minimise discrimination in your practice:

• Respect diversity by providing person-centred support.
• Treat adults as unique rather than treating everyone in the same way.
• Provide advice, information and support in a way which meets the needs and preference of the adult.
• Ensure you work in a professional and non-judgemental way; do not stereotype or allow your own beliefs to affect the care and support you provide.
• Refuse to initiate, participate, collude with, or condone discrimination and harassment.
• Proactively challenge and address discriminatory behaviours and practice.
• Use supervision to reflect on protected characteristics for the adults you work with, and to identify any issues and unintended/unwitting practice bias or discrimination.

2.12.4. Trauma-informed practice in the context of people at risk of or experiencing discriminatory abuse

Very often, persons who believe that they have been discriminated against feel unheard, disbelieved, and disregarded, and that is perhaps because that has generally been the experience of people who are discriminated against.

This causes a potential lack of trust in any process that is said to be a response to their concerns. Therefore, you should:

• Acknowledge the person’s perceived experience.
• Maintain your composure and maintain your neutrality.
• Relay your understanding of the information that they give and have them confirm if your understanding is correct, while still allowing them to share in a way that feels safe to them.

The four R’s of trauma-informed care are key factors in providing a trauma-informed approach:

• Realising how common the experience of trauma and adversity is;
• Recognising the different ways that trauma can affect people;
• Responding by taking account of the ways that people can be affected by trauma to support recovery;
• Opportunities to Resist re-traumatisation and offer a greater sense of choice and control, empowerment, collaboration and safety with everyone that you have contact with.

(SAMHSA (Substance Abuse and Mental Health Services Administration 2014, p.9-10))

2.12.5. Reporting and responding to discriminatory abuse

Incidents of discriminatory abuse may not always be recognised or reported as such, as they often occur alongside other types of abuse, such as physical or sexual abuse. As a result, it is important to remain vigilant to the possibility of discriminatory abuse when conducting safeguarding work.

Talking about protected characteristics may be difficult for adults experiencing abuse or neglect. They may not wish to draw attention to their protected characteristics for fear of stigma or shame. Therefore, it is important to approach the discussion with sensitivity, taking a person-centred approach to working with the adult. In cases where discriminatory abuse on the basis of a protected characteristic is identified, the police should be notified.

The Sussex Safeguarding Adults Thresholds Guidance

The Sussex Safeguarding Adults Thresholds: Guidance for Professionals (2023) includes information about actions that should be taken for non-reportable, reportable, and discriminatory abuse incidents requiring consultation. This document provides examples of incidents that should be reported, and guidance about when incidents should be reported to the local authority, local community safety teams, the Care Quality Commission, and the police.

Being curious, also known as professional, concerned, or compassionate curiosity

Being curious means a willingness to engage with the person to explore situations or circumstances holistically rather than making assumptions or accepting things at face value, or from a third party. Being curious also helps to understand any previous and ongoing impact of trauma and adverse experiences.

It is important to remember that discrimination may not be recognised as abuse ‘in its own right’ because it can manifest itself alongside or within other abuse types. Staff need to be curious in considering the person’s background and culture, identifying at an early point whether they have any protected characteristics and the impact any of these may have in respect of their care and support needs, and any abuse or neglect taking place.

Differences related to protected characteristics may mean that adverse experiences are more difficult to talk about or identify due to shame, stigma, language barriers, or a mistrust of statutory services. It is important to sensitively work in partnership with the person experiencing abuse or neglect, to explore what significance protected characteristics may have in terms of the motivation for abuse, everyday experiences of discrimination, and future risk of abuse or barriers to safety, recovery, and overall wellbeing.

2.12.6. Discriminatory abuse self-assessment tool

The Local Government Association has developed a discriminatory abuse self-assessment tool. This tool has been designed for use by councils, Safeguarding Adults Boards, practitioners from all sectors, safeguarding leads, and commissioners. This is with a view to:

• better identify, report, and analyse activity;
• be aware of any bias;
• challenge discriminatory abuse in practice;
• develop policies and processes to tackle discriminatory abuse; and
• embed good practice.

The tool outlines practice according to ‘developing’, ‘achieving’, and ‘excelling’ in anti-discriminatory practice.