The Adult Support and Protection (Scotland) Act 2007 is the legal framework for Adult Support and Protection in Scotland. This outlines the duties and powers to support and protect adults from risk of harm. The Act has a Code of Practice which provides guidance about the performance by Councils, certain organisations and other professionals under the Act. It provides further information on the principles of the Act, measures, and when to use powers. 

The Act is the ‘what’ and the Code of Practice is the ‘how’.

They outline the duties and responsibilities of agencies concerned with the support and protection of adults in East Lothian and Midlothian. These Procedures have been developed on behalf of East Lothian and Midlothian Public Protection Committee (EMPPC).

The legislation says that harm is ‘all harmful conduct’. It can include physical, psychological, financial, self-harm, sexual, neglect caused by other people or self-neglect.   

Someone over the age of 16 who meets all of the criteria known as the ‘3-point test’: 

• They are unable to safeguard their own well-being, property, rights or other interests; 
• They are at risk of harm; and 
• Because they are affected by disability, mental disorder, illness or physical or mental infirmity they are more vulnerable to being harmed than adults who are not so affected.

Staff involved in Adult Support and Protection work in East Lothian and Midlothian follow the principles of the legislation, which say that any intervention:

• Will be the least restrictive in an adult’s affairs which will provide benefit to the adult 
• Will take into account the wishes of the adult 
• Will have regard to the importance of the adult participating as fully as possible, and will involve providing the necessary information and support to enable them to participate
• Will not result in the adult being treated less favourably than someone who is not an adult at risk 
• Will take into account the adult’s abilities, background, and characteristics (including the adult’s age, sex, sexual orientation, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage).

When you know or believe an adult is at risk of harm. You do not have to be absolutely certain about your suspicions; if you feel that something is not right, speak to someone so it can be looked into further. That bit of information you have could be a part of the jigsaw that will help professionals see the bigger picture and prevent further abuse or harm.

All referrals under Adult Support and Protection are assessed by the Council’s Social Work Service. If they know or believe that the adult is at risk of harm, they have a duty to inquire into the adult’s circumstances. To help assess whether the adult is at risk of harm, they may contact other professionals and sometimes the adult or their carer/family member to gather more information. Depending on the level of risk, supports may be put in place to reduce the risk of harm and help keep the adult safe.

The Council’s Social Work Service.

If you know or believe that an adult is at risk of harm, you should contact the relevant Council.  Find out more on our website.

Everyone should make a referral as soon as possible. The Code of Practice for Adult Support and Protection says that professionals should make a referral within 24 hours of the concern coming to light.

This is any work that the Council’s Social Work Service does to assess whether the adult is at risk of harm (to assess if the ‘3-point test’ is met). This may involve looking at Social Work or other records that an agency or person holds about the adult and speaking to any professional involved with the adult. There may be a visit to the adult to gather information from them and hear their views, and/or contact with a family member or carer. This information will be used to assess whether the adult is at risk of harm, what the harm is, and what needs to do be done to support and protect the adult to reduce the risk of harm. 

In practice, in East Lothian and Midlothian, a Council Officer is a Social Worker who has specialist training in the Act.  The Council Officer has specific powers under the Act, which include:

• A visit to the place where the adult is staying
• An interview with the adult
• A medical examination of the adult
• The examination of records (for example, medical records, financial records

The adult should be involved throughout the Inquiry.  The adult’s views and wishes are central to Adult Support and Protection, and the adult should be offered whatever support is necessary to enable them to participate. If there is a Case Conference the adult should be invited to attend this and bring someone to support them, unless it would not be appropriate or suitable for them to attend.