1. Adult Support and Protection (Scotland) Act 2007
Awareness for Acute Services Staff
Optional - state this session has been confirmed by NHSGGC board-wide ASP Liaison Committee in Dec 2010 as meeting Level 1 (basic awareness) training requirements for staff on this subject .
From time to time more in-depth training will be run for staff (mainly managers) with additional responsibilities under the ASP Act.

2. Learning Outcomes At the end of this session, you will:
have an understanding of the overarching principles of the Adult Support and Protection (Scotland) Act 2007
be able to define the terms “adults at risk” and “harm”
be able to describe your responsibilities to:
report
co-operate
have an awareness of the Council’s duty to inquire and investigate
Second bullet point –you may wish to give more detail on what is meant by “harm” under the ASP Act .
Pages 7 and 8 of the –ASP ”A guide for staff “ booklet covers this subject well.
You may wish to ask the audience this question and even ask a supplementary one - “ who can cause harm?” –you’ll be hoping that the response is that “anyone “ can cause harm.
You may however ,wish to leave talking about harm until the slide relating to this (slide 8) – it’s really down to whether you wish to be more facilitative in approach early on in this slot!

3. Why the ASP Act?
Evidence that certain adults continue to be at risk of harm or neglect
Became law on 29th October 2008
New measures for the protection of adults at risk of harm
Designed to fill in gaps in previous legislation related to protecting certain adults
Main reason for the introduction of the Act is the criticism levelled by the Sheriff at an enquiry at all agencies in relation to a case in the Borders in early 2003 where a female was subjected to harm by a number of males – powers of and communication between agencies, current legislation (e.g. Mental Health Act and Adults with Incapacity legislation) were found to have gaps.
The overarching principle and the underpinning principles in the Act are based upon the European Convention of Human Rights.

4. What does the ASP Act do?
The ASP Act introduces new adult protection duties and powers, including:
Councils’ duty to inquire and investigate
Duty to co-operate
Duties and powers
Visits, interviews, examinations
Protection orders
Warrants for entry and even arrest
Establish Adult Protection Committees
The Adult Support & Protection (Scotland) Act 2007 provides ways to offer support and protection to certain adults who may be at risk of harm or neglect.
places a duty on Councils to make inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring
places a duty on specified organisations, including the NHS, to co-operate in investigating suspected or actual harm
introduces a range of protection orders (which have not been used a lot) including assessment orders, removal orders and banning orders; social work can arrive at an “at risk” person’s door together with the police and take them to a safe place and interview them –these are significant powers which were not there in other related legislation
provides a legislative framework for the establishment of Adult Protection Committees across Scotland: organised similarly to Child Protection – each Local Authority area also has an ASP Committee – a multi-agency approach is taken therein.
Under the Act each Local Authority is identified as the lead agency locally.

5. Who are “Adults at Risk”?
The ASP Act defines adults at risk as adults 16 years of age (or 18 if in local authority care) who are:
unable to safeguard their own well-being, property, rights or other interests; and
are at risk of harm; and
because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.
ALL THREE CRITERIA MUST BE MET
There was a lot of debate amongst agencies prior to introduction of the Act as to definition of “at risk” – social work services wanted a restrictive definition to (probably) avoid being swamped by cases and got this.
It is a restrictive definition – because for someone to be defined as “at risk” under the Act, all 3 criteria contained in the slide must be met.
This poses issues, for example, a person who has a drugs problem may not be included here if their problem is not due to mental health issues.
An adult is at “Risk of Harm” if:
another person’s conduct is causing (or is likely to cause) the adult to be harmed; or
the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm

6. What is “Harm”?
The aim of the ASP Act is to protect adults at risk from harm.
Harm includes:
Conduct causing physical harm
Conduct which causes psychological harm
Unlawful conduct which appropriates or adversely affects property rights or interest e.g. theft, fraud
Conduct which causes self harm
You can use the approach to outline what harm is and who can cause it outlined in the notes on page/slide 2 if that seems more appropriate.
3rd point below “Harm includes” header – state that the Act gives ”Council officers” powers to go to a bank and get evidence if required.
A “Council officer “ under the Act is a registered social worker who has been qualified for one year (at least).
4th point below “Harm includes” header – this also includes psychological abuse which causes someone to self-harm.
Might be useful to refer to “A Guide for NHS Staff” page 8 for possible signs of harm.
'Harm is anything which hurts me' a definition first used by Save the Children some 25 years ago.
Then ask the question “Who can cause harm?” You’re looking for the answer that anyone can cause harm, for example, a member of staff in a health care setting, a carer, a relative, spouse or partner, friend or neighbour, volunteer or stranger.

7. What does this mean for me?
The Act sets out statutory duties for public bodies and their office holders, which include:
Duty to Report
Duty to Co-operate
This slide is to introduce the two main duties that affect Acute staff, emphasise that these two duties apply to ALL of us, and that we are going to go into each of them in a little more detail.

8. Duty to Report
All NHS Boards, “and those working with them providing an NHS service”, have a duty to report suspected and actual harm to an “adult at risk”.
Report concerns to the local Social Work Department
> by phone then
> Complete the AP1 Form (Template held on Staffnet)
Internally record details of referral onto Datix
Alternatively you can speak to or seek advice from:
Police if crime suspected
Care Inspectorate if the establishment is registered
State – as a member of staff – if you come across a case where you think the Act could apply – you have a legal duty to report this to Social Work Dept. (If you’re unsure, or just want to talk it through, ask your manager).
AP1 from is available from StaffNet (Partnerships > MHP > Legislation > ASP)
Social Work will file initial report within 8 days and within further 10 days to carry out full investigation.
By reporting harm you help to:
exercise your duty of care
stop the abuse
ensure that those involved get supported
stop any potential risk to others
support the person being abused who may be unable to report the matter themselves
meet your legal duty under the Act

9. Duty to Co-operate
We must co-operate with a Council making inquiries and with each other where that would assist the Council
We have a legal duty to comply with requests to provide information, reports or records
A health professional may also be asked to:
provide a report about an adult
conduct a medical examination
examine health records
provide health, financial and other records
The Act sets out statutory duties of co-operation for certain public bodies and their office holders i.e. Councils; NHS Boards; the Police; the Care Commission; the Mental Welfare Commission; and the Public Guardian.
In addition to your Duty to Report, the Act makes it a legal duty that NHS staff must comply with requests to provide information and records. Health records may be sought and obtained by a Council Officer but a health professional will need to inspect and interpret health records, whilst acting within their professional guidance.
A doctor, nurse or midwife may be asked to conduct a medical examination in private, or they may be asked by a Council Officer to examine health records.
A medical examination can only be carried out if the person has capacity to consent and gives that consent, otherwise other legislation must be used.
It is also an offence to prevent any person from acting under the Act and to refuse without reasonable excuse to provide information requested under the provisions for the examination of records.
Overarching and Guiding Principles
The ASP determines that intervention must take place only where the benefit to the adult could not otherwise have been provided and that the intervention is the least restrictive option consistent with achieving the object of the intervention.
This overarching principle is supported by a set of guiding principles which should be referred to on page 5 of “A Guide for NHS Staff”.

10. Councils’ Statutory Duties
Inquiries – about wellbeing, property or financial affairs
Investigations – visits, interviews, examination of records
Peoples’ Rights – to refuse interview and examination
Protection Orders
Assessment Order
Removal Order granted by a Sheriff
Banning Order
Inquiries
Under the Act, Councils have a statutory duty to make inquiries about the well-being, property or financial affairs if they know or believe that the person is an adult at risk and that they might need to intervene to take protective actions. Councils also have a duty to consider the provision of appropriate services to the adult concerned, including, in particular, independent advocacy.
Investigations
Council Officers have the power to carry out investigations through visits and interviews and through examination of records (except health records).
Health professionals have the power to carry out medical examinations as part of investigations and to examine health records.
Peoples’ Rights
Adults have the right not to answer any questions and to refuse to be medically examined, and must be told of these rights before an interview or medical examination starts.
Protection Orders
An assessment order allows for an adult at risk of serious harm to be taken to a more suitable place in order to conduct an interview in private or a medical examination in private.
A removal order permits an adult who is likely to be seriously harmed, if they are not moved, to be moved to a suitable place for up to 7 days.
A warrant for entry must also be granted when either of these orders are made.
A banning order, or temporary banning order, bans the subject of the order from being in a specified place, or subject to specified conditions, for up to six months. The Sheriff can also attach a power of arrest.
Protection orders should not be granted where the adult refuses to consent. However the sheriff can ignore the refusal where it is believed the adult has been unduly pressurised to refuse consent, and there are no other steps which could reasonably be taken with the adult's consent to protect the adult from the harm.

11. In summary, the ASP Act:
Places a legal duty on bodies to protect certain adults
Provides the means to intervene and prevent harm continuing
Strengthens measures to protect those at risk from harm
Improves interagency co-operation and promotion of good inter disciplinary practice
State – there have not been a lot of cases thus far where the legislation has been used.
Glasgow – only a couple of cases .
Inverclyde – about 6.
First year of the Act – 30 cases in total.
However, the Act has encouraged information to be more easily shared and accessed – it allows informed discussions between agencies.
England – has experienced a number of high profile cases in past 2 years –e.g. man in Manchester abused by youths constantly and had heart attack in his garden and died, double suicide of girl with learning disability and her mum – subjected to taunts constantly – case for change growing down South.

12. Andrew Strachan - Legislation Nurse Adviser
Further Information
A Guide for NHS Staff
eLearning Module
Andrew Strachan - Legislation Nurse Adviser
Tel: