Protection of adults at risk of harm

If a local council knows or suspects that an adult at risk is being harmed, or likely to be harmed, it must decide if action is needed to protect the adult’s well-being, property or financial affairs.

Who is an adult at risk of harm

An 'adult at risk' is someone aged 16 or over who:

• cannot look after their own well-being, property, rights or other interests

• is at risk of harm from themselves or someone else

• is disabled, or has a mental disorder, illness or physical or mental infirmity that means they're more vulnerable to being harmed than other adults.

Being disabled or having a condition does not automatically mean an adult is at risk. A person can be disabled but able to look after their own well-being. The council should consider the person's circumstances as a whole, and all 3 elements of the definition must be met for them to be classed as an adult at risk.

What is harm

The term 'harm' covers all harmful behaviour, for example:

• physical harm

• psychological harm that causes fear, alarm or distress

• behaviour which negatively affects property, rights or interests, like theft, fraud, embezzlement or extortion

• self-harm.

Harmful conduct can be physical, emotional, financial, sexual or a combination of these. It covers a wide range of behaviours, including neglect and other failures to act.

What can be done to protect an adult at risk of harm

If you're being harmed or you're concerned that someone else is at risk of harm, you should report your concerns to the local council social work department or the police. The local council should take any report seriously, even if it's anonymous.

You can find out what to do if you think someone is at risk of harm on the Act Against Harm website.

The local council must make enquiries and has powers to help protect an adult at risk of harm. The Care Inspectorate, police or other health professionals might be asked to help.

The local council can:

• visit and interview the adult, explain what support services may be available or offer them a medical examination if appropriate

• require health, financial or other records to be produced

• apply to a court for a protection order.

Any intervention in an adult’s affairs must benefit them and should restrict their freedom as little as possible.

Visits, interviews and medical examinations

The local council can enter any place where it knows or suspects that an adult is at risk of harm to establish if further action is needed to protect them.

This will usually be the place where the adult lives, but can also be a place where they're living temporarily or spend part of their time, for example a day centre or place of education.

If the local council is refused entry, it can apply for a warrant which allows a police officer to use reasonable force to enter the premises.

The local council can interview any adult, in private, at the place of the visit, to establish the source, nature and level of any risk to the adult and if further action is needed to protect them. An adult has a right not to answer questions, and they must be told this before the interview starts.

A health professional can carry out a private medical examination of the adult at risk at the place being visited. However, a medical examination can only be carried out if the adult agrees. The adult must be told they have the right to refuse to be examined before the examination is carried out.

Examination of records

A local council can require anyone who holds health, financial or other records about an adult thought to be at risk to produce them for inspection. Only a health professional can inspect health records.

After the local council has made initial inquiries, it can decide what action, if any, is needed to protect the adult at risk from harm. This might include:

• ensuring access to suitable advice and support

• providing practical care and support services for the adult at risk or their carer

• appointing a proxy to help the person manage their affairs.

If a criminal offence has been committed against the adult at risk, the council should report this immediately to the police.

Protection orders

The local council can protect an adult at risk of harm by applying to the court for a protection order. There are 3 types of protection orders:

• assessment orders

• removal orders

• banning orders.

A protection order should be made with the consent of the adult. If the adult is under pressure to give consent, such as if they're being harmed by someone they trust, the court can overrule the need for consent.

Assessment order

An assessment order allows the local council to take an adult for a private interview or medical examination. This will only be necessary if the place being visited is not available or suitable.

It's not possible to appeal against an assessment order, but the adult can choose to leave at any time during the interview or examination.

Removal order

A removal order allows the local council to remove an adult at risk to a specific place if there's a likelihood of serious harm if they're not removed.

There's a 72-hour period after the order has been made when the local council can move the adult. The order is effective for up to 7 days.

It's not possible to appeal against a removal order. However, it might be possible to have it varied or recalled if there's a change in facts or circumstances.

Banning order

A banning order bans a person from a specific place for up to 6 months. This order can only be granted if the adult at risk is likely to be seriously harmed and it's considered that banning the other person from a specific place will protect the adult at risk more than removing them from that place.

A sheriff can grant a temporary banning order while waiting for a full banning order to be granted.

It's possible to appeal a decision to grant, or refuse to grant, a banning order. If you want to do this, you must seek legal advice.

Code of practice

There's a code of practice for councils and other professionals about how to protect adults at risk of harm.

You can read the code of practice on the Scottish government website.

Working with vulnerable adults

If you work in a regulated role, you must join the Protecting Vulnerable Groups (PVG) scheme. This scheme is run by Disclosure Scotland.

The PVG scheme makes sure that people who are not suitable to work with protected adults cannot work in a regulated role.

Read more about the PVG scheme.

Further help

There are organisations that can offer further help.

Hourglass Scotland

Hourglass Scotland runs a confidential helpline for older people who are being physically, mentally or financially abused. A relative or friend can contact the helpline on someone's behalf.

The Care Inspectorate

The Care Inspectorate is an independent body responsible for regulating care homes in Scotland. It can receive complaints and general enquiries.

Age Scotland

The Age Scotland helpline is a free, confidential service that can help older people in Scotland with a variety of issues. 

Scottish Independent Advocacy Alliance

The Scottish Independent Advocacy Alliance (SIAA) can provide information about advocacy services across Scotland. These services can help people by supporting them to express their own views about problems they're having. Advocates can help people to gain access to information and support them to explore and understand the options available to them.

Victim Support Scotland

Victim Support Scotland is a voluntary organisation in Scotland helping people affected by crime. It gives emotional support, practical help and essential information to victims, witnesses and others affected by crime.

There's a helpline, webchat and self-referral form. The service is free, confidential and is provided by volunteers.

Find out how to get support on the Victim Support Scotland website.