This Act places a duty on councils to make inquiries about an individual’s wellbeing, property or financial affairs, where the council knows or believes that the person is an adult at risk and that it may be necessary to intervene in order to protect him/her from harm.
The Act authorises council officers to carry out visits, conduct interviews and/or require health, financial and other records to be produced in respect of an adult at risk.
The Act allows a health professional (e.g. doctor or nurse) to conduct a medical examination. However the person must be informed of their right to refuse to be examined before any medical examination is carried out.
Where harm is known or suspected, the Act requires the following public bodies to co-operate with each other in formulating an action plan to support and protect the person: the Mental Welfare Commission for Scotland, the Care Commission, the Office of the Public Guardian, the Local Authority, the Health Board and the Police. Officers of these public bodies must advise the relevant Local Authority if they know or believe that a person is an ‘adult at risk’ and action may be necessary in order to protect that person from harm.
The Act imposes an obligation on the Local Authority to establish multi-agency Adult Protection Committees involving representatives from all relevant public bodies. These committees are responsible for overseeing local adult protection polices in their area. They also provide advice and information to those involved in adult protection work.
The Local Authority is responsible for appointing the convener and committee members. While they may also appoint members to the Committee based on their relevant knowledge and skills, each committee must include nominated representatives from the relevant Health Board and police force.
Under the Act, Council Officers can be provided with powers to visit and make enquiries where it is believed that an adult may be at risk of harm. This supports early intervention where necessary, with the emphasis being on prevention of harm. By virtue of having the power to get through the door for a visit, it may become clearer what support or other actions may be beneficial for the person’s particular situation. It may be deemed necessary to implement additional measures of protection under the Adults with Incapacity (Scotland) Act 2000 or the Mental Health (Care and Treatment)(Scotland) Act 2003.
It is anticipated that Protection Orders will only be used when absolutely necessary. In most situations, and in line with the Guiding Principles of the Act, other less restrictive measures may be sufficient to protect the person. However, in those circumstances where robust action is required, this legislation puts in place sufficient powers to ensure that measures of protection are implemented where necessary.