Legislation protecting people in care

Overview National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1990 National Assistance (Assessment of Resources) Regulations 1992 Human Rights Act 1998 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Community Care and Health (Scotland) Act 2002 Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 Equality Act 2010 Patient Rights (Scotland) Act 2011 Social Care (Self-directed Support) (Scotland) Act 2013 Public Bodies (Joint working) (Scotland) Act 2014 Carers (Scotland) Act 2016 Further information about legislation

Social Work (Scotland) Act 1968

Councils have a duty under the Social Work (Scotland) Act 1968 to assess a person’s social care support needs and decide if they need to arrange any services.

Any assistance should be based on an assessment of the person’s social care support needs and should take account of their preferences where possible.