Protection of adults at risk of harm
This information applies to Scotland
Protection of adults at risk of harm
If a local authority knows or suspects that an 'adult at risk' is being harmed, it must decide whether or not further 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:-
- is unable to look after their own well-being, property, rights or other interests; and
- is at risk of harm (either from another person’s behaviour or from their own behaviour); and
- because they have a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than other adults.
The presence of a particular condition or disability does not automatically mean that an adult is an adult at risk. A person can have a disability but be perfectly able to look after their own well-being etc. Their circumstances as a whole should be considered and all three elements of the definition must be met in order 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 causing fear, alarm or distress
- behaviour which adversely affects property, rights or interests (for example, theft, fraud, embezzlement or extortion)
More information about adults at risk of harm in the Code of Practice on the Scottish Government website.
What can be done to protect an adult at risk of harm
If you are being harmed or you are concerned that someone else is at risk of harm, you should report your concerns to the local authority social work department and/or the police. Any report, including anonymous referrals, should be taken seriously by the local authority.
The local authority must make enquiries and has a number of options available to it to help protect an adult at risk of harm, these might include:-
- a visit to interview the adult, to explain what support services may be available to them or to offer them a medical examination if appropriate
- requiring health, financial or other records to be produced
- an application to court for a protection order.
Any intervention in an adult’s affairs must provide benefit to them and should restrict their freedom as little as possible. The local authority must consider the wishes and views of the adult at risk and efforts must be made to help them communicate their views.
Visits, interviews and medical examinations
The local authority can enter any place where it knows or suspects that an adult is at risk of harm, in order to establish whether any further action is needed to protect the adult. This will usually be the place where the adult lives, for example, their own home or the home of relatives or friends.
However, it can also include a place where the adult is living temporarily or spends part of their time, for example, a day centre or a place of education.
If the local authority is refused entry, it can apply for a warrant of entry, which then allows a police constable to use reasonable force to ensure entry to the premises.
The local authority can interview any adult, in private, at the place of visit, in order to establish the source, nature and level of any risk to the adult and also to establish whether further action is needed to protect them. An adult has a right not to answer any questions and they must be told this before the interview begins.
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 with the agreement of the adult. The adult must be told that they have the right to refuse to be examined before the examination is carried out.
Examination of records
A local authority can require anyone holding health, financial or any other records relating to an adult thought to be at risk, to produce them for inspection. Health records can only be inspected by a health professional.
More information about examination of records in the Code of Practice on the Scottish Government website.
After the local authority has conducted initial inquiries, it can then decide, what action, if any, is needed to protect the adult at risk from harm. This may include:-
- ensuring access to suitable advice and support
- providing practical care and support services for the adult at risk and/or their carer
- an order or appointment of a proxy to help the person manage their affairs.
If a criminal offence has been committed against the adult at risk, this should be reported immediately to the police.
If, following investigation, the local authority believes that further action is needed to protect an adult at risk of harm, it can apply to court for a protection order. There are three types of protection order:-
An assessment order allows the local authority to take an adult from the place being visited to a place where a private interview can be conducted or a health professional can conduct a private medical examination. This will only be necessary where the place being visited is not available or suitable for these purposes. It is not possible to appeal against an assessment order.
More information about assessment orders in the Code of Practice on the Scottish Government website.
A removal order allows the local authority to remove an adult at risk to a specified place, where there is a likelihood of serious harm if they are not removed. The order is effective for a maximum of 7 days. There is no appeal allowed against the granting or failure to grant a removal order. However, it may be possible to have it varied or recalled if there is a change in facts or circumstances.
More information about removal orders in the Code of Practice on the Scottish Government website.
A banning order bans the subject of the order from a specified place for up to 6 months. This order can only be granted where the adult at risk is likely to be seriously harmed and it is considered that banning the other person from a specified place will protect the adult at risk more than removing them from that place. Any decision to grant, or refuse to grant, a banning order can be appealed and if you want to do this you must seek legal advice.
More information about banning orders in the Code of Practice on the Scottish Government website.
Sometimes an adult may be under pressure to refuse to give their consent to a course of action, for example, where they are being harmed by someone in whom they have confidence and trust. In such circumstances, it may be possible for a court to overrule the need for consent to be given.
Hourglass Scotland (previously Action on Elder Abuse) runs a telephone helpline to give confidential advice and information to older people who are being physically, mentally or financially abused. A relative or friend of the person being abused can contact the helpline on their behalf. The helpline can be used by older people who live at home, in care homes or who are in hospital.
PO Box 29244
Tel: 07496 323801 or 07496 663815 (general enquiries)
Helpline: 0808 808 8141 (press 2 for Scotland) - open Monday to Friday 9am to 5pm
The Care Inspectorate
The Care Inspectorate is an independent body that is responsible for regulating all care homes in Scotland and it can receive complaints and general enquiries.
11 Riverside Drive
The Age Scotland Helpline is a free, confidential service that can help older people in Scotland with a wide variety of issues.
Age Scotland does not provide advice at its office. People who want advice should contact the Helpline.
Scottish Independent Advocacy Alliance (SIAA)
The Scottish Independent Advocacy Alliance can provide information about advocacy services across Scotland. Advocacy services can help people by supporting them to express their own views about problems they are having. Advocates can help people to gain access to information and support them to explore and understand the options available to them.
Scottish Independent Advocacy Alliance (SIAA)
18 York Place
Victim Support Scotland
Victim Support Scotland is the lead 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. The service is free, confidential and is provided by volunteers.