Information for Doctors, Nurses, Allied Health Professionals and other Health service staff provided on behalf of the Highland Adult Support and Protection Committee

Please note, there may be a need to refer to legal advisers, particularly in relation to the interaction of the ASP Act with the Human Rights Act 1998, The Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care & Treatment) (Scotland) Act 2003.

Co-operation between Healthcare, Police, Local Authorities and voluntary and independent providers is essential if the welfare of adults at risk is to be assured. The effective implementation of guidelines and procedures will contribute to an ethos where the dignity, privacy, independence and individuality of adults at risk are respected in accordance with the ethics of each profession.
An adult at risk is legally defined by the  Act as an adult aged over 16 who:

• Is unable to safeguard their own well-being, property, rights or other interests

• Is at risk of harm, and

• Because they are affected by disability, mental disorder, illness or physical or mental infirmity, is more vulnerable to being harmed than adults who are not so affected

ALL THREE OF THE ABOVE CRITERIA MUST BE MET

 The Adult Support & Protection (Scotland) Act 2007 came into force in October 2008 and provides the legal context and powers that might be necessary in a range of situations.  The Act

• provides greater protection to adults thought or known to be at risk of harm through new powers to investigate and intervene in situations where concern exists

• places a duty on specified organisations, including NHS, to co-operate in investigating suspected or actual harm

• places a duty on councils to make inquiries and investigations to establish 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, and

• provides a legislative framework for the establishment of Adult Protection Committees across Scotland

 Any intervention under the Act must:

• Benefit the adult at risk

• Be the least restrictive option

 Any body or person carrying out a function under the Act must, if relevant, have regard to the following:

• The adult’s wishes and feelings (past and present)

• The views of adult’s nearest relative, primary carer, guardian or attorney and any other person with an interest in the adult’s well-being or property

• That the adult is not treated less favourably than those not so affected

• To ensure that the adult participates as fully as possible, and provide information to facilitate this

• The adult’s abilities, background and characteristics

Please note

The General Medical Council have published guidance on the Adult Support and Protection (Scotland) Act 2007.

This guidance is incorporated into the GMC confidentiality section and raises the matter of information sharing and legal responsibilities for medical staff under the ASP legislation. It reads as follows:

“The Adult Support and Protection (Scotland) Act 2007 requires health boards in Scotland to report to the local authority if they know or believe that an adult is at risk of harm (but not necessarily incapacitated) and that action needs to be taken to protect them. The Act also requires certain public bodies and office-holders to co-operate with Local Authorities making inquiries about adults at risk and includes powers to examine health records for related purposes”