Ensuring Rights and Preventing Harm

The Adult Support & Protection (Scotland) Act 2007 was introduced on 29 October 2008. The purpose of this Act is to provide ways in which support and protection can be offered to adults at risk of harm, who are unable to safeguard themselves, because they are affected by disability, mental disorder, illness or physical or mental infirmity.

General Principles of the Act:

Any action taken through the Adult Support & Protection (Scotland) Act 2007 must provide benefit to the adult, and be the least restrictive option available.

The Act provides:
• A duty to enquire and investigate where harm is suspected
• A requirement for public bodies to co-operate with local councils
• A range of protection orders: assessment, removal and banning, where serious harm is suspected
• A legislative requirement for local authorities to set up Adult Protection Committees to oversee the effectiveness of multi-agency prevention and protective practices

The Highland Inter-agency procedures have been developed by the partnership of agencies that have primary responsibility for keeping adults safe in the Highlands – The Highland Council, NHS Highland and Northern Constabulary. These procedures support the safeguarding of adults at risk of harm and give guidance to staff as to what action to take if it is reported that an adult is at risk. In Highland the protection of vulnerable adults is taken extremely seriously and the inter-agency procedures provide clarity to all staff and the part they play in meeting the legislation. These procedures highlight the need for all agencies to work together to make sure that people in the community who are at risk of harm are appropriately supported.

If you witness, suspect or receive information about an adult at risk of harm, you have a duty to report this. The Inter-agency Adult Protection Procedures for the local area where you work describe the steps you must follow and who should be contacted.

 Who is an adult at risk of harm?

An adult at risk is defined as a person aged 16 or over who is:

• Unable to safeguard his/her own well being, property, rights or other interests
• At risk of harm and
• Because s/he is affected by disability, mental disorder, illness or physical or mental infirmity, is more vulnerable to being harmed than adults who are not so affected

What is harm?

Harm is defined as all harmful conduct and in particular includes:

• Conduct which causes physical harm
• Conduct which causes psychological harm (e.g. by causing fear, alarm and/or distress)
• Unlawful conduct (e.g. theft)
• Conduct which causes self-harm

Possible signs of harm

There are many signs of harm. It is important to consider any changes to the well-being of a person at risk. Some examples are:

• Unexplained or unusual injuries
• Misuse of medication, (e.g. not giving medicines properly)
• Unexplained changes of behaviour, (e.g. becoming anxious and withdrawn, fear of another person, unexplained debt, not paying bills for services)
•  The use by another person of the adult’s possessions, bank account or property without his/her informed consent
• Pressure by family or professionals to have someone moved into or taken out of care
• Hostile or un-kind behaviour by a care-giver
• The adult at risk is not receiving appropriate care, which would protect them from harm
• Unexplained deterioration in health and/or appearance
• A long delay between illness/injury and the adult getting appropriate treatment
• The deprivation of basic needs, such as adequate food or heating
• Prejudicial actions or remarks to the adult at risk about age, gender, disability, race, sexual or religious orientation
• Failure to provide adequate information, not being informed of rights, or being misinformed

Where can harm occur?

Anywhere. For example: in the family home, in any social or health care setting, hospital ward, care home, day service, social club, leisure activities, place of work or any public place.

Who can cause harm?

Anyone. For example: a relative, unpaid carer, spouse/partner, professional carer, volunteer, another service user, stranger, member of the public, or the ‘adult at risk’ may be harming himself/herself.

The 24 Hour Emergency number for Social Work is 08457 697284.

The Adult Support & Protection (Scotland) Act 2007 can be used to deal with any harm, whether this has been perpetrated with or without deliberate intent. Categories of harm include, for example: physical, sexual, emotional/psychological; financial or material, neglect and acts of omission; discriminatory; human rights; or in relation to the misuse or with-holding of information. The Act may also be used for ‘adults at risk’ who are harming or neglecting themselves or who are experiencing Domestic Abuse.