Aim: To provide a basic understanding of the legal framework in Scotland relating to individuals who are considered to be ‘adults at risk’.
The Adult Support and Protection (Scotland) Act 2007 was introduced to identify and protect individuals who fall into the category of adults at risk. For the purposes of the Act ‘adults at risk’ are individuals, aged 16 years or over, who:
- Are unable to safeguard themselves, their 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 others who are not so affected.
The presence of a particular condition does not automatically mean that an individual is an ‘adult at risk’. For example someone could have a disability but still be able to safeguard their wellbeing etc. It is important to stress that all three elements of this definition must be met. It is the whole of an adult’s particular circumstances which can combine to make them more susceptible to risk of harm.
The person with an Acquired Brain Injury may be considered to fall into the category of ‘adults at risk’ if they have significant physical, cognitive, communicative and/or psychological/psychiatric difficulties. difficulties. Any of these significant difficulties may result in the individual being at increased risk of harm from others and/or from self. Therefore specific support and measures of protection may need to be put in place.
For the purposes of this Act ‘harm’ includes all harmful conduct and, in particular, includes conduct which:
- May cause physical harm.
- May cause psychological harm (e.g. by causing fear, anxiety and/or distress).
- Adversely affects the individual’s property, rights or interests (e.g. theft, fraud, embezzlement or extortion).
- Results in self-harm.
Guiding Principles of the Adult Support and Protection (Scotland) Act 2007
Duties and Powers under the Adult Support and Protection (Scotland) Act 2007
Measures of Protection under the Adult Support and Protection (Scotland) Act 2007
For further information, please refer to the following websites:
Adult Support and Protection (Scotland) Act 2007
Adult Support and Protection (Scotland) Act 2007 – Explanatory Notes
The Adult Support and Protection (Scotland) Act 2007: A short introduction to Part 1 of the Act
Mental Welfare Commission – Adult Support and Protection (Scotland) Act 2007