The Local Authority has a duty to provide the ‘adult at risk’ with appropriate support. Where an intervention is deemed necessary under the Adult Support and Protection (Scotland) Act for an adult with Acquired Brain Injury specific support for the person may be required including the following measures:

  • Involving a relative, partner, friend, carer and/or suitably qualified health professional (e.g. Speech and Language Therapist, Neuropsychologist) in consultations where appropriate.
  • The provision of written and/or audio information, if deemed helpful.
  • Implementing strategies to optimise the person’s communication skills.
  • Implementing strategies to optimise the person’s cognitive skills.
  • The provision of emotional support to those with psychological/psychiatric difficulties.
  • Explaining the issues and proposed intervention in a place and at a time when the person is likely to be best able to understand and retain the information. If the person has difficulty retaining information, then it may also be helpful to provide them with a written record of discussions, detailing what decisions have been made and why.
  • The provision of support to the person from an Independent Advocacy Service.

Part 1 of the Act introduced measures to identify and protect individuals who are deemed ‘adults at risk’. These measures include:

  • Placing a duty on the Local Authority/Council to make the necessary enquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring.
  • A requirement for specified public bodies to co-operate with the Local Authority and each other to support adult protection investigations.
  • The establishment of multidisciplinary Adult Protection Committees.
  • The implementation of measures of protection for the ‘adult at risk’ (i.e. through physical/psychological harm, neglect, sexual abuse or financial exploitation).
  • Statements expressed in advance about an individual’s preferred care or treatment must be taken into account in line with the Guiding Principles.
  • The provision of emotional and practical support to the ‘adult at risk’.
  • The implementation of Protection Orders e.g. Assessment Order, Removal Order, Banning Order.
  • The principles underlying the Adult Support and Protection (Scotland) Act emphasise the importance of striking the balance between the adult’s right to freedom of choice and the risk of harm. These must always be taken into account when an intervention under Part 1 of the Act is being considered.

Protection Orders