Scottish Government
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New powers to protect adults at risk of harm
Adults at risk of harm and neglect are to receive more support and protection, thanks to the introduction of the Adult Support and Protection (Scotland) Act.
The Act, which comes into force today, allows authorities to make inquiries and take action when they suspect an adult may be at risk of physical or psychological harm, of neglect or sexual abuse or is being taken advantage of financially.
Over the next year, an additional £8 million will be provided by the Scottish Government to help implement the new measures.
The Act:
- Places a duty on councils to make enquiries and investigate situations where concern exists
- Places a duty on bodies such as the NHS and the police to co-operate in investigating suspected or actual harm
- Establishes multi-agency Adult Protection Committees across Scotland that oversee and monitor support and protection activities
- Introduces a range of protection orders including assessment, removal and banning orders:
Assessment orders - allow an adult at risk to be taken to a suitable place for an interview or medical examination in private
Removal orders - allow an adult at risk to be removed to a safe place for up to seven days, where there is a likelihood of serious harm if they are not moved
Banning orders - bans an individual, who poses a risk of serious harm, from a specified place for up to six months. This can be requested by the person, for example, to keep someone away from their home.
Public Health Minister Shona Robison said:
"This sends a clear message that harm and neglect against adults most at risk in our society today is not acceptable and will not be tolerated in Scotland.
"Importantly, these new measures will support effective early intervention where it is necessary, with the emphasis on preventing harm happening in the first place.
"It can sometimes be difficult to understand and acknowledge that some adults can suffer ill-treatment and neglect, but it does happen - in families and in regulated settings. Although we cannot eradicate all risk, we can reduce that risk.
"This new legislation means that these often hidden problems can be tackled sensitively and constructively."
During the summer, national and regional training and awareness raising events about the Act were provided for council officers, police officers and NHS staff as well as for a wide range of private and voluntary sector staff.
A National Centre of Excellence for Adult Support and Protection, that acts as a catalyst for change and improvement, is to be established in Scotland.
David Manion, Chief Executive, Age Concern Scotland, said:
"Age Concern Scotland is very pleased that the law now offers a measure of protection for older people who may be subject to harm or neglect.
"This represents a landmark piece of legislation that will clarify the people and processes for dealing with harm against adults, including older people, who may for many reasons be less able to protect themselves.
"This puts Scotland at the forefront of nations dealing with this issue."
Lisa Curtice, Director of the Scottish Consortium for Learning Disability, said:
"The Scottish Consortium for Learning Disability welcomes the implementation of this Act.
"It fills an important gap in the legislation and should bring reassurance to people that their concerns will be responded to.
"It is vital that people can feel safe as well as included in their communities."
The Act was passed by the Scottish Parliament in February 2007 and received Royal Assent on March 22, 2007. The Act came into force on October 29, 2008.
The Act requires the following bodies to co-operate with local councils and with each other, where harm is known or suspected:
- The Mental Welfare Commission for Scotland
- The Care Commission
- The Public Guardian
- All councils
- Chief constables of police forces
- The relevant NHS board.
The aims of the National Centre of Excellence for Adult Support and Protection will include:
- Being at the cutting edge of thinking on adult support and protection
- Acting as a catalyst for change and improvement
- Creating a Scotland-wide learning culture where users, social and healthcare supports and services are enabled to influence national and local policy
- Shaping and evaluating individualised support in the community and more person-centred arranged services in day and residential settings focusing on risks and rights-based approaches
- Providing opportunities for national dialogue and training and dissemination of good practice.
Related Information
http://www.opsi.gov.uk/legislation/scotland/acts2007/asp_20070010_en_1
