Adult Support and Protection - Useful Information for Professionals
Adult Support and Protection Act
The Adult Support and Protection (Scotland) Act 2007 (opens new window) is a piece of legislation designed to protect people from being harmed.
If you or someone you know is being harmed - tell someone about it as soon as possible. Some adults at risk can be harmed by other people or by their own actions. A person being harmed may be too frightened or worried to tell someone else. You must speak up on their behalf.
Human Rights are everyone's right - We all have the right to live in a safe, secure community free from exploitation and harm. However, some of us live in fear, unable to speak out. Some people need help to ensure their right to live in safety, with good care and support. Adults at risk deserve support and protection, respect and care.
The Act defines adults at risk as people aged 16 years or over who:
- are unable to safeguard themselves, their property (their home, the things they own), their 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 others who are not so affected.
Having a particular condition such as a learning disability or a mental health problem does not automatically mean an adult is at risk. Someone can have a disability and be perfectly able to look after themselves. For an adult to be considered at risk, all three parts of the definition must be met. However, decisions about the three point test are the responsibility of Social Work Services.
Any intervention in an individual's affairs should provide benefit to the individual, and should be the least restrictive option.
The Act Against Harm (opens new window) website gives lots of information about what harm is, who can harm another and how harm can affect people.
Watch this video about why it is everyone's responsibility to report a concern or make an adult support and protection referral when you know or believe an adult is at risk of harm:
Social Work must consider when assessing risk:
- the wishes and feelings of the adult at risk
- the views of other significant individuals, such as the adult's nearest relative; their primary carer, guardian, or attorney; or any other person with an interest in the adult's well-being or estate;
- providing the adult with the relevant information and support to enable them to participate as fully as possible;
- the importance of ensuring that the adult is not treated less favourably than another adult in a comparable situation; and
- the adult's abilities, background and characteristics (including their age, gender, sexual orientation, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage). (Part1 of the Adult Support and Protection Act (Scotland) 2007.
Health and Social Care Standards
National Care Standard's Outcomes - What people accessing a service should expect...
An individual should experience:
- I experience high quality care and support that is right for me
- I am fully involved in all decisions about my care and support
- I have confidence in the people who support and care for me
- I have confidence in the organisation providing my care and support
- I experience a high quality environment if the organisation provides the premises.
National Care Standards
Watch this video for detailed information about the National Care Standards:
Social Work Scotland
Carer/Family Member Experience
Powerful video detailing a family members experience of the ASP and other related processes
Learning Review
The revised National Guidance for Adult Protection Committees for conducting learning reviews (opens new window) has been published on the Scottish Government website.
This guidance provides updated and revised information to take account of practice and policy developments, superseding the previous Interim Framework for Adult Protection Committees Conducting a Significant Case Review.