Information for doctors, nurses, allied health professionals and other health service staff
The Adult Support and Protection (Scotland) Act 2007:
- 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 the 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 performing 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 interest in the adults 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; and
- the adult's abilities, background and characteristics.
An adult at risk is defined in the Act as an adult (aged 16 or over) 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 these criteria must be met.
Protection orders
An assessment order allows a council officer to conduct an interview in private and/or a health professional to conduct a medical examination in private. This may be required to establish whether the person is an adult at risk and if further action is required to protect him/her.
A removal order allows the council to remove the adult at risk to a specified place for up to 7 days where the adult is likely to be seriously harmed if not moved to another place.
Banning orders and temporary banning orders ban the subject of the order from a specified place for up to 6 months. Conditions may be attached, for example contact under specified circumstances.
Warrants for entry authorise a council officer to visit any place specified in the warrant accompanied by a constable.
People's rights
Adults at risk have the right to refuse to be interviewed or medically examined (S 8 and 9 of the Act) during visits and also under an assessment order.
NHS staff must:
- report the facts and circumstances of the case to the council, where they know or believe that a person is an adult at risk, and that protective action is needed. (S 5(3) of the Act);
- co-operate with a council making inquiries and with each other where that would assist the council; (S 5(2) of the Act); and
- provide information and records as requested (S 10 of the Act).
Health professionals holding records must act within their professional guidance .
A doctor, nurse or midwife may conduct a medical examination in private either during a visit under the Act or elsewhere under an assessment order. (S 11 of the Act) They may be asked by a Council Officer to examine health records (S 10 of the Act) which are defined (S 10 (7) of the Act) as:
- relating to an individual's physical or mental health;
- made by or on behalf of a health professional.
It is an offence to prevent or obstruct any person from acting under the Act and to refuse without reasonable excuse to provide information. (S 49 of the Act)
Code of Practice
Anyone authorised or required to perform any functions under the Act, including health professionals, must have regard to the code of practice issued by the Scottish Government. (S 48)
Local multi-agency procedures
Local multi-agency procedures are being revised in line with the legislation and code of practice.