Private family arrangements and the welfare of adults who lack capacity: an analysis of the safeguarding vulnerable groups bill

The safeguarding vulnerable groups bill aims to improve the system of checks on staff and volunteers who want to work in social care, health or education. However, it creates different levels of protection for children and for vulnerable adults. This article sets out the concerns expressed by a small coalition of disability charities that argued for improvements to the bill during its passage through Parliament. In particular, they wished to rectify the bill's failure to provide for mandatory checks on staff working privately for vulnerable adults who lack the capacity to manage their own affairs. These arguments were opposed by carers' organisations that wanted to avoid increasing the regulatory burden on carers. We critically examine these arguments, and ask whether there is a conflict of interests between carers and vulnerable adults.