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Concern for an Adult - Adult Support and Protection

Concern for an Adult - Adult Support and Protection

Most adults will be able to live their lives safely. However, some people will find it more difficult to keep themselves safe and protect their wellbeing, rights, property and finances.  

Adult support and protection is everyone's business. If you see something and think someone may be at risk of harm, say something.  Not all adults are able to speak up and ask for help for themselves, and everyone deserves to live a life free from harm.  

Adult Support and Protection (Scotland) Act 2007 provides ways to help and support people who find it difficult to protect themselves:  

• Provides greater protection to adults at risk of harm through powers to inquire and act to support and protect an adult in situations where concern exists 
• Places a duty on specified organisations to co-operate in investigating suspected or actual harm – these agencies must report a concern where they know or believe an adult is at risk of harm 
• Places a duty on councils and social care partnerships to make inquiries and to find out whether or not further action is required to stop or prevent harm occurring 
• Introduces a range of protection orders including assessment orders, removal orders and banning orders 
• Provides for the establishment of local multi-agency Adult Protection Committees across Scotland

Eligibility

Who is an adult at risk of harm? 

Adults at risk are adults, aged 16 years of age and over, who

• are unable to safeguard their own wellbeing, 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 adults who are not so affected.

An adult is at risk of harm if

• another person’s conduct is causing (or is likely to cause) the adult to be harmed, or 
• the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm.

Signposting

Make sure you: 

• Act promptly
• Note your concerns
• Give as much information as you know about the adult

You do not need to give your name, although this may cause difficulties in establishing whether or not an adult is at risk of harm. If you do give your name, this will be treated with discretion. Any details received, including your name, will not be revealed unless the adult's safety requires it.  

Contact details

Organisation	Day time	Night time/ weekends / public holidays
Health and Social Care Partnership	01259 727010	01786 470500
Police(emergency): If an adult is at immediate risk of harm	999	999
Police (non-emergency): If you are concerned about an adult who is not at immediate risk of harm	101	101
Health	Local health services and organisations

Professionals (eg GPs, third-sector, charities, DWP, care homes, care at home) should use the AP1 form to refer an adult at risk of harm. 

Further information

• Forth Valley Advocacy
  • Skilled advocacy workers dedicated to helping vulnerable people across Forth Valley to be heard
• Care Information
• Iriss 
  • Sextortion
  • Seen something? Say something
  • ASPire Adult Support and Protection Hub
• I Am Me Scotland
  • ​Community-based charity that works in partnership with Police Scotland to tackle disability hate crime and create a network of 'Keep Safe' places across Scotland
• Forth Valley Practitioner pages
• Community directory

Service specifics

Harm is any harmful conduct and includes: 

• Conduct which causes physical harm
• Conduct which cause psychological or emotional harm
• Unlawful conduct which adversely affects property, rights or interests such as theft, fraud or extortion
• Conduct that causes self-harm and self-neglect

Main principles of the Act 

The main principle is that any intervention in an individual’s affairs should provide benefit to the individual and should be the least restrictive option of those that are available which will meet the purpose of the intervention. 

Any function under Part 1 of the act must also take into account: 

• The wishes and feelings of the adult at risk – past and present 
• The views of other significant individuals, like the adult’s nearest relative, primary carer, guardian or attorney, or any other person with an interest in the adult’s wellbeing or property 
• The importance of the adult participating as much as possible in the performance of functions under the act 
• 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
• The adult’s abilities, background and characteristics, including their age, gender, sexual orientation, religious persuasion, racial origin, ethnic group, and cultural and linguistic heritage

Statutory powers and duties 

Councils have a statutory duty to make inquiries about a person’s wellbeing, property or financial affairs if they know or believe that the person is an adult at risk and that they might need to intervene to take protective action. 

Council officers have the power to carry out investigations through visits and interviews and through examination of financial or other records. 

Council officers can require health records to be produced in respect of an adult at risk, but these records can only be examined by a health professional such as a doctor or nurse. 

Health professionals have the power to carry out medical examinations as part of investigations. 

Adults have the right not to answer any questions and to refuse to be medically examined and must be told of these rights before an interview or medical examination. 

Councils have a duty to consider the importance of the provision of appropriate services to the adult, including independent advocacy. 

How to recognise if someone is being harmed or at risk of harm 

There are several ways to spot if an adult is at risk of or abuse or neglect. Some of these include: 

• The adult themselves may advise they are being harmed or they may make a comment which leads you to suspect they are being abused or neglected
• Unusual, unexplained or suspicious injury
• Unexplained loss of weight or increased confusion
• The adult may appear frightened of a particular person
• You are unable to spend time alone with the adult due to the insistence or presence of another
• Unexplained debts or reduction in assets may be indicators of financial abuse

Please note that this list is not exhaustive and there may be other signs that someone is being harmed. If in doubt, report your concerns.  

Short introduction to the Act

• The Adult Support and Protection (Scotland) Act 2007: A short introduction to Part 1 of the Act - gov.scot 
• Adult Support and Protection (Scotland) Act 2007: Code of Practice 

Where can harm happen? 

Harm can happen anywhere. It could happen in someone's home, where they work, in a public place - often by the people closest to them. It can even happen in the places with responsibility of protecting them such as a care home or day centre. 

Who can cause harm? 

Anyone can cause harm or intend to cause harm. It could be a stranger, a relative, friend, neighbour or acquaintance. It could be someone who works with an adult or someone who is meant to support them. Harm can also be self-inflicted. 

You can find further information about Adult Support and Protection at the Care Information Scotland website.