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Legislation protecting people in care
Adult Support and Protection (Scotland) Act 2007
The Adult Support and Protection Act 2007 gives greater protection to adults at risk of harm or neglect.
If you are being harmed or you think someone else is being harmed, you should talk to someone who is trained to support you. Find details of who to contact in your council.
The act defines adults (16 and over) as being at risk of harm if they are:
- unable to safeguard their own wellbeing, property, rights or other interests,
- who are at risk of harm
- more vulnerable to being harmed because of a disability, mental health condition, illness or physical or mental infirmity
Harm can take different forms and may not always be visible. It can include:
- physical harm
- psychological or emotional harm
- financial harm
- sexual harm
- neglect
- self-neglect
- self-harm
- institutional harm
The person causing this harm may be a stranger or known to the person being harmed. They may be a relative, a friend, a volunteer or a professional.
An adult may also be at risk of harm due to self-neglect or self-harm. Watch the Iriss video about keeping someone safe from harm or neglect.
The responsibility of councils
The act places a duty on councils to make inquiries if it knows or believes that:
- the person is an adult at risk
- that it might need to intervene
In these cases, councils have powers to:
- visit and interview people
- arrange medical examinations
- examine records
- consider a Protection Order
Councils will consider if there is any need for advocacy and other services. For example, if the adult needs help accessing social care support.
Before any steps are taken the council must:
- take account of the wishes and feelings of the adult
- make sure any intervention benefits the adult
If you or someone else needs help
If you or the person you’re worried about needs emergency help, you should phone 999.
If you feel the situation is not an emergency but does meet the criteria for an adult at risk, contact your local Adult Support and Protection Services.
The information was last updated on: 31st October 2023