1. The Adult Support and Protection (Scotland) Act 20077
The Adult Support and Protection (Scotland) Act 2007
(“the Act”)
Level 2

2. A S P 7 Aims of Part 1 of the Act7
Aims of Part 1 of the Act
Part 1 introduces new measures to identify and protect individuals who fall into the category of ‘adults at risk of harm’.
It is also intended to fill gaps left by:
The Adults with Incapacity (Scotland) Act 2000, which provides means to protect those with incapacity, for example through financial and welfare guardianship;
and
The Mental Health (Care & Treatment) (Scotland) Act 2003, which provides powers and duties in relation to people with mental disorder, including those who are subject to ill-treatment or neglect.
Part 1 of the Act goes live in October 2008.

3. Key elements of Part 1 of the Act7
Key elements of Part 1 of the Act
Key elements of Part 1
Principles governing intervention in an adult’s affairs
Definitions of an ‘adult at risk’ and ‘harm’
Statutory duties on councils to inquire and investigate
Duty to consider the provision of advocacy and other services
Duties of cooperation
Offences
Three types of protection order
Duty on councils to establish Adult Protection Committees

4. A S P 7 What do staff need to know?7
What do staff need to know?
Staff in social work and social care, health , police, housing, independent advocacy and other services need to know about four key features in Part 1of the Act.
The principles to be followed in adult protection interventions
The definitions of an ‘adult at risk’ and ‘harm’
The new statutory duties to inquire and investigate
The three types of protection order

5. A S P 7
Principles
Intervention must provide benefit to the adult and be least restrictive to the adult’s freedom and, if relevant, have regard to:
the wishes and feelings of the adult;
any views of the adult’s nearest relative, primary carer, guardian, attorney or other person, who has an interest in the adult’s well-being or property;
the importance of the adult participating as full as possible and providing them with such information and support to enable them to participate;
ensuring that the adult is not be treated less favourably than any other adults in a comparable situation; and
the adult’s abilities, background and characteristics.
These are important principles for anyone working with adults at risk of harm.

6. Adults at risk: definitionP 7
Adults at risk: definition
The Act defines adults at risk as:
Adults, aged 16 and over, who:
are unable to safeguard their own well-being, property, rights or other interests;
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 elements of the definition must be met for action to be taken under the Act.
The presence of only one of these factors does not automatically mean an adult is an “adult at risk”. For example a person could have a disability, physical and/or mental health problem and be able to safeguard their well-being etc. It is the combination of an adult’s particular circumstances which can combine to make them more open to harm than others.

7. A S P 7
Harm: definition
The Act says ‘harm’ includes all harmful conduct and, in particular, includes:
a) conduct which causes physical harm;
b) conduct which causes psychological harm (e.g. by causing fear, alarm or distress);
c) unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion);
conduct which causes self-harm.
This means that the Act deals with any harm (deliberate or unintended), such as financial and material harm, psychological and emotional harm, physical harm, sexual abuse and neglect. It may include ‘adults at risk’ experiencing domestic abuse.
The Act also covers harm that takes place in a variety of settings, for example in people’s own homes, support, care or health settings, and whether the harm is caused by the adult themselves or by carers, neighbours, friends, professional and service staff or others.

8. Inquiries and investigationsP 7
Inquiries and investigations
Inquiries
Councils have a statutory duty to make inquiries about a person’s well-being, property or financial affairs if they know or believe that the person is an adults at risk and that they might need to intervene to take protective action.
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.
Adults have the right not to answer any questions and to refuse to be medically examined, and must be told of these rights.
Councils have a duty to consider the provision of appropriate services to the adult, including, in particular, independent advocacy.

9. A S P 7
Protection orders
The Act introduces three types of protection order:
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 and/or a medical examination in private.
A removal order permits an adult who is likely to be seriously harmed 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 is 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 may attach a power of arrest to the order.
Decisions about protection orders must reflect the principles of the Act.
Protection orders should not be granted without the consent of the adult at risk. However the sheriff can ignore the refusal to consent 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.

10. A S P 7 What do staff need to do?7
What do staff need to do?
All Local Authority staff in social work, social care, housing and other council services, NHS staff, and the Police have duties under the Act.
When they are involved with or are concerned about an ‘adult at risk’ who may be experiencing ‘harm’ then the Act defines how they should act in relation to:
duties of cooperation; and
offences under the Act.
The Scottish Government has also published a Code of Practice, which organisations and staff carrying out work under the terms of the Act are required to follow.

11. A S P 7 Duties of cooperation7
Duties of cooperation
The Act sets out duties of co-operation for certain public bodies and their office-holders: Councils; NHS Boards; the Police; the Care Commission; the Mental Welfare Commission; and the Public Guardian.
Members and staff of all of these bodies have a duty to:
report the facts and circumstances to the local council when they know or believe that someone is an adult at risk and that action is needed to protect that adult from harm;
cooperate with the Council and each other to enable or assist the council making inquiries.
This means that all staff must refer concerns to the council’s social work service following local adult protection procedures, and must work with council, health service, police and care commission staff in assessments and decision-making about adults at risk who might need support and protection.

12. A S P 7
Offences
The Act makes it an offence to prevent or obstruct any person from doing anything they are authorised or entitled to do under the Act, such as making enquiries and visits, carrying out interviews and medical examinations, and implementing Protection Orders.
It is also an offence to refuse to comply with a request to provide information in relation to the examination of records under the Act, unless there is a reasonable excuse for not doing so.
This applies to organisations, people in control of organisations and people working for them. This offence therefore applies not only to public services, but also to organisations and people providing voluntary and private sectors services, and commercial, financial and other businesses.
It does not apply to the adult at risk him/herself.

13. A S P 7 Requirements for staff7
Requirements for staff
If you are working in social care, health, police, housing and other services, you are required to:
be aware of your responsibilities to identify when adults you come into contact with may be at risk of harm and to discuss this with your supervisor/manager;
communicate to the local council any concerns you have when you know or believe that someone who may be an adult at risk is, or is possibly, being harmed and might need protection;
co-operate with Council Officers, medical professionals and police officers in any inquiry or investigation about an adult at risk of harm;
provide information and records, including medical records, to council officers and medical professionals who are making inquiries or investigating concerns of this kind and are seeking those records;
support adults at risk you are in contact with to express their views and participate in ways which recognise their rights and are consistent with your job and role.

14. Adult Protection Committees7
Adult Protection Committees
The Act gives councils a duty to establish an Adult Protection Committee (APC), whose work is to:
review procedures and practices;
give information or advice, or make proposals;
make, or assist and encourage the development of knowledge and skills; and
improve co-operation between the public bodies concerned.
Membership of APCs must include representatives of the Council, the NHS Board and the Chief Constable of the police force in the council area. Membership may also include representation from the Care Commission.
The above bodies and the Mental Welfare Commission and Public guardian must provide any information reasonably required by the APC for the purpose of carrying out its functions.
The Convener must not be a member or officer of the council.
The Convener must prepare a biennial report on the work of the Committee for the Scottish Ministers and others.

15. A S P 7 Key changes to local procedures7
Key changes to local procedures
The key changes to local procedure as a result of the Act are:
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16. A S P 7
Case studies
local case studies