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Do we see the person...

... or do we see the difference?

Briefing on challenging discriminatory abuse

Key learning points:

  • Discrimination is unequal treatment because of a perceived difference, often a protected characteristic, such as their age, disability, race, gender or religious beliefs.
  • Discriminatory abuse is where this different treatment is harassing, threatening, or results in harm to the person.
  • Where the adult affected has care and support needs, this means our duties under section 42 Care act 2014 come into force.
  • Discriminatory abuse can overlap many other forms of abuse, which may make it more hidden – e.g. is something just neglect or is it really neglect due to discrimination?
  • Our own unconscious bias can be affected by the things that we read, or that we see such as on social media, or attitudes of those around us – think about the assumptions you make, and why – use your professional curiosity!
  • It is thought to be very under reported; in 2023/24, discriminatory abuse counted for 1% of total concluded s42 enquiries in England. In 2024/25 just 9 cases had discriminatory abuse recorded as a category of abuse of the 2,940 enquiries that took place.

Introduction

Some of our past Safeguarding Adults Reviews (SARs) in Norfolk have considered the impact of culture on safeguarding adults, particularly in large or more closed organisations (you can read SAR Joanna, Jon and Ben at Cawston Park, and SAR L, M, and N at Milestones Hospital). 

A positive culture in safeguarding adults is essential for challenging potentially dehumanising practices. Embedding anti-discriminatory and anti-oppressive practice in our work with adults seeks to rebalance power in those interactions – but first we must recognise the conditions where discrimination takes place.

This briefing will look at some of the ways we can reflect on and adapt our practice to do just that.

What is discriminatory abuse?

In simple terms, discrimination is where someone is treated differently or unfairly because they are seen as different in some way to the person carrying out the action. This might be because of:

  • Age (actual or perceived)
  • Disability
  • Gender / gender identity
  • Ethnic, racial, cultural or national origin
  • Religious belief / non-belief
  • Sexual orientation 

The Equality Act 2010 makes it a crime to treat anyone differently because of these things, known as protected characteristics. Discriminatory abuse is particularly where this treatment is harassing, threatening or results in ill-treatment and / or harm. 

It is a category of abuse included in the Care Act 2014 (detailed in the Care and Support statutory guidance section 14), so will be considered a safeguarding adults concern where it takes place against adults who have needs for care and support.

The Human Rights Act 1998 further strengthens protections against discriminatory abuse by enshrining some fundamental rights, such as the right to freedom from degrading treatment (Article 3) and the right to non-discrimination (Article 14).

Discriminatory abuse incorporates racism, sexism, homophobia, ageism, disablism; it can be a hate crime, or a mate crime. Discriminatory abuse can overlap many other forms of abuse, which may make it more hidden – for example, domestic abuse in older adults may not be recognised because of societal assumptions about age, relationships and the average perception of what a victim / survivor of domestic abuse looks like.

Some less obvious examples of discrimination in safeguarding

Think about the high proportion of concerns about neglect in care and health settings – have you ever considered that people can experience neglect because of discrimination - are they perceived to have less value than other people, by their care givers? 

Is the care given less or badly because it's an older person with dementia or a person with a learning disability? Is it just neglect or is it neglect due to discrimination?

In care homes, if police are involved, do they ever say there is no point investigating because they assume the person does not have capacity purely based on them being a resident in a care home? What if the concern relates to a sexual assault, but the adult has dementia (this was an issue raised to the Norfolk Safeguarding Adults Board (NSAB) Safeguarding Adult Review Group recently) – or what if they have a profound learning disability? 

How quickly are concerns raised directly by adults who have impaired mental capacity written off or discarded by the professionals there to support them? What if someone has difficulty with communication, and we don’t take the time to understand what they are saying? How many telephone assessments actually involve an effective conversation with the person themselves – how often does someone have to speak on their behalf because of the method of communication? 

In easy read / pictorial communication, there is no one image that accurately sums up “safeguarding”. It tends to be a concept that is very difficult to translate – in the last OWL we were reminded that safeguarding is a verb not a noun. In a recent survey by the user led Norfolk charity Opening Doors (commissioned by Healthwatch) it was found that most people with a learning disability and / or autism who were asked had little idea what safeguarding meant. 

NSAB used Opening Doors in 2023 to create a poster and refresh their safeguarding adults’ leaflet - but would you know where to find this? (clue: search easy read on our website)

Now so many organisations are committed to being “paper-free”, do you remember to print out leaflets to leave with adults who may need additional time and support to understand that information? Do you ask if they would like you to go over the information with them, or check the information / material is accessible? 

Safeguarding is a very particular concept and also relatively recent in its use with adults – it can be easy to assume that the meaning is obvious but what about communities where English is not their first language? Not just the obvious – for example did you know that British Sign Language (BSL) is a very different language to English, and not everyone in the deaf community (comprising of different groups with different needs themselves) has English as their first language? There is no single ‘sign’ for safeguarding, and BSL is structured differently to English.

It can be easily assumed that a simple solution is to use written communication to support someone who is deaf, especially when it can be difficult or expensive to find an interpreter. But what discrimination might a deaf older woman face in reporting her experience of domestic abuse from her hearing husband?

Intersectionality is a word used to describe how every person has their unique experiences of discrimination, oppression and inequality, and we need to consider all the possible factors that can marginalise people. This includes how those factors link, overlap and can be hidden – how the complexity of these creates a very different experience for one person compared to another. Read this seven minute briefing on Intersectionality and safeguarding adults on our briefings page.

Do we see the person, or the difference?

Perhaps we are influenced by what we see, hear or read in the media, including social media, which can represent polarised and simplified views. Do we have an unconscious bias when considering mental capacity where a person has a drug or alcohol dependency, by politicians describing homelessness as a lifestyle choice for example? 

2-minute challenge: use your professional curiosity - think about an adult you are working with right now and write down any areas where they may face discrimination. Had you recognised these before? How might you combat those additional challenges they face?

What does the data tell us?

Reports of discriminatory abuse are historically low, and this makes identifying trends for prevention and improvement difficult. From the national safeguarding adult’s collection (SAC) in 2023/24, discriminatory abuse counted for 1% of total concluded s42 enquiries in England. 

In Norfolk in 2024/25 0.3% - just 9 cases had discriminatory abuse recorded as a category of abuse of the 2,940 enquiries that took place. 

Let’s work towards a more accurate reflection of discriminatory abuse in Norfolk for 2025/26.

Building positive, inclusive cultures - what else can you do?

  • Think about the adults you are working with – do any of them have protected characteristics that you have not considered before?
  • Are there any elements of discrimination they may be facing from others?
  • Have you considered if the person has specific, or less obvious communication needs? Have you made every effort to speak to them or to hear their voice in a way that is meaningful to them?
  • In safeguarding situations, have you reflected on the type(s) of abuse they are experiencing / have experienced / are at risk of?
  • Can you recognise any conscious or unconscious bias in the way you are approaching someone, their situation?
  • Can you see others doing this – challenge them!

Additional useful links: