Adult protection - support services for adults who are at risk of harm

Most adults with mental illness, physical or learning disabilities or other special needs manage to live their lives comfortably and securely. They either do this independently or with assistance from carers, relatives, friends, professionals or volunteers. However, for a small number, dependence on someone may produce conflict, exploitation or harm.

The Adult Support and Protection (Scotland) Act 2007 was passed by the Scottish Parliament in February 2007 and received royal assent on 22 March 2007. Part 1 of the Act deals with the protection of adults at risk of harm. It was implemented in October 2008.

Who is an adult at risk?

Adults at risk are adults (aged 16 years or over) who:

are unable to safeguard their own well-being, 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.

Please note that all three points of the above definition must be met. Reference: Section 3(1) Adult Support & Protection (Scotland) Act 2007.

What is meant by ‘risk of harm’?

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.

Please note: 'conduct' includes neglect and other failures to act. Reference: Section 3(2) Adult Support & Protection (Scotland) Act 2007 and Section 53: Adult Support and Protection (Scotland) Act 2007

What is meant by ‘harm’?

‘Harm’ includes all harmful conduct and, in particular, includes:

conduct which causes physical harm
conduct which causes psychological harm (e.g. by causing fear, alarm or distress)
unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion); and
conduct which causes self-harm.

Who can be a perpetrator of harm?

Anyone can harm - a perpetrator can be any person, such as a member of staff in a health/care setting, a carer, relative, spouse/partner, friend or neighbour, volunteer or other service user.

Where can harm happen?

Anywhere - this could be in the family home or any type of social or health care setting e.g. hospital ward, care home, day service, social club, respite service etc.

What to do if you have concerns

If you are worried that you or someone you know may be or has been harmed, it is important to tell someone. Please contact Social Work Services as a matter of priority. You can also speak to a health professional or the police.

Publications

Scottish Borders Adult Protection Committee Annual Report 2008-09 (pdf 192kb)
Scottish Borders Adult Protection Committee Summary Annual Report 2007-08 (pdf 860kb)
Scottish Borders Adult Protection Committee Annual Report 2006-07 (pdf 644 kb)
Easy Read Summary 2006-07 (pdf 192kb)
Scottish Borders Adult Protection Committee Annual Report 2005-06 (pdf 480kb)
Adult Support and Protection: ensuring rights and preventing harm (pdf 1.28mb) - these guidelines have been produced by a multi-agency group consisting of representatives from health, the police and local authorities in the Lothian and Borders area. They replace the previous multi-agency guidelines 'Protecting Vulnerable Adults: ensuring rights and preventing abuse' published in 2003 and take account of changes introduced through new legislation, multi-agency practice, critical incident reviews and practitioners’ experiences over the last six years. Above all the new guidelines take account of the changing needs of all “adults at risk” of harm.
A Short Introduction to Part 1 of the Adult Support and Protection (Scotland) Act 2007 (135kb)
An Easy Guide to Part 1 of the Adult Support and Protection (Scotland) Act 2007 (2.18mb)
Adult Support and Protection: Ensuring Support and Preventing Harm (141kb)

Find out more

More information is available from the Scottish Government (link to external website).