Lesson 12 Adult Protection

Question 1

Define adult as risk

Answer 1

The adult support and protection (Scotland) act 2007 defines an adult at risk as individuals aged 16 or over who:-

• Are unable to safeguard their own well-being, their property, rights or other interests
• are at risk of harm; and
• because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected

THIS IS THE THREE POINT TEST

Each element must be present for an individual to be an adult at risk.

Question 2

What is meant by harm?

Answer 2

For the purposes of the act harm is:-

• conduct which causes physical harm
• conduct which causes psychological harm (e.g. by causing fear, alarm or distress
• unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion) and
• conduct which causes self harm

Question 3

What can be done to prevent harm?

Answer 3

S4 of the Adult Support and Protection (Scotland) Act 2007 placed a duty on council to make inquiries about a persons well being, property and financial affairs if it know or believes a person to be an adult at risk and that it may need to intervene to protect that person.

Question 4

What does s5 of the Adult Support and Protection (Scotland) Act 2007 state?

Answer 4

Requires the following public bodies to co operate with the council and each other, where harm is known or suspected:-

• The mental welfare commission for Scotland
• The care inspectorate
• The public Guardian
• All councils
• Chief constable of Police Scotland
• The relevant Health Boards and
• Any other public body or office holder that Scottish ministers specify

Question 5

What are the 3 forms of protection orders?

Answer 5

Assessment order

Removal order

Banning or temporary banning order

Question 6

What is an assessment order?

Answer 6

S11 of the Adult Support and Protection (Scotland) Act 2007

Local authority may make an application to a sheriff for an assessment order to determine whether an adult is an adult

Question 7

What the definition of an appropriate adult?

Answer 7

2016 Act and 2019 Regulations define support for vulnerable persons as being to:-
• Help the person understand what is happening and
• Facilitate effective communication between the person and the police.
• An appropriate adult is a person who has undertaken specialist training for the role and has prior experience of working with adults who have mental health issues, meaning disability, autistic spectrum disorder, dementia and/ or acquired brain injury in relation to overcoming communication issues.

Question 8

NB

Answer 8

Not used for people under 16 but can be used for some 16 and 17 year olds