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Part 3: Safeguarding, Chaperones, and Record Keeping

In this free members’ webinar, part of the Safe Practices for Better Healthcare series, MDS’s Legal Team – Demi-Leigh Mason and Jade Conway – explored the key legal and regulatory responsibilities surrounding safeguarding, chaperoning, and record keeping within UK healthcare settings.

If you are a MDS member and would like to view a recording, get in touch at [email protected].

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Date: 18th November 2026

Speakers: Demi-Leigh Mason and Jade Conway

About the speakers:

Demi-Leigh Mason is a Trainee Solicitor at MDS, currently building her experience across different areas of law. After graduating with a First Class Honours in Law (LLB) in 2020, she joined MDS as a Legal Assistant in early 2021 and began her solicitor training in June 2023. Demi-Leigh is passionate about developing her skills, supporting clients and making a positive impact through her work in the legal field.

Jade Conway is a Trainee Solicitor at MDS, where she supports healthcare professionals with a variety of medico-legal, regulatory and employment matters. Jade joined MDS in 2022 shortly after graduating from the University of East Anglia with her Bachelor of Laws. She began her solicitor training in November 2023 and has recently obtained her Master of Laws in Legal Practice from BPP University. Jade is passionate about contributing to the protection and support of those working within the healthcare sector.

Webinar summary

Safeguarding, as defined by the CQC, is the duty to protect people’s health, well-being, and human rights, ensuring they live free from harm, abuse, and neglect. It is a critical duty for everyone in UK health and social care. Although any patient can be at risk, vulnerable adults and children, those with learning disabilities, cognitive impairment, asylum seekers, domestic abuse victims, or serious mental health conditions are among the higher-risk groups.Relevant Law and Regulations.

Core legal principles emphasize protecting individuals’ rights, promoting safety, ensuring agencies work together, supporting early intervention, and holding organizations accountable. Abuse is defined as action or inaction causing harm to a person’s health, well-being, or rights; neglect is failing to meet a person’s basic needs.

Both can be perpetrated by anyone, including family, peers, or medical professionals. Safeguarding is prescribed by acts including the Children Act, the Care Act, the Equality Act, the Human Rights Act, the Mental Capacity Act, the Domestic Abuse Act, and the Modern Slavery Act. Care providers must meet fundamental standards under the Health and Social Care Act 2008. Regulatory bodies (GMC, NMC, GDC) require practitioners to collaborate, promote patient safety, and take prompt action if safety, dignity, or comfort is compromised.Responding to Safeguarding Concerns.

 

Five core principles apply when concerns arise:

  1. Immediate safety: Call 999 if there is an immediate risk.
  2. Listen and reassure: Take disclosures seriously and explain that information may need to be shared for safety.
  3. Record: Ensure a comprehensive, factual, and objective record.
  4. Consult: Speak with your organisation’s safeguarding lead.
  5. Information sharing: Do not let confidentiality prevent action when a risk of harm exists. The “golden rules” for information sharing protect your practice: Data protection law is not a barrier to sharing. Be open about confidentiality limits. Seek advice if in doubt. Sharing without consent is permissible for risks of significant harm, serious crime, or public protection concerns. Safety and well-being are the primary considerations. Ensure information is necessary, proportionate, relevant, accurate, timely, and secure, and always record your decision and reasons.Chaperones and Strong Record Keeping.

Mitigating safeguarding risks and protecting professional practice relies primarily on chaperones and robust documentation. 

  • Chaperones are trained, impartial observers who attend consultations as witnesses. They protect patients and clinicians during intimate examinations by upholding dignity and reducing the risk of allegations or misunderstandings. Clinicians must offer a chaperone for all intimate examinations. 
  • Strong Record Keeping documents concerns and protects your practice. You must thoroughly document all patient information, clinical interactions, decisions, and care. Good record keeping supports continuity of care, clinical decisions, and provides legal evidence.

 

If you are a MDS member and would like to view a recording, get in touch at [email protected].

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