Legislation

Financial harm includes any type of harm which adversely impacts on an adult’s finances. Under the Adult Support and Protection Act (Scotland) 2007, a Council Officer has the legal right to ask any financial institution for financial information in relation to the adult (under a Section 10 request). This briefing outlines the legal framework for Section 10 requests relating to financial harm, the responsibilities of everyone involved, and key considerations in relation to Section 10 requests where financial harm is being investigated.

Supported decision-making maximises an individual’s ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them. This guidance is aimed at those working with people who may have difficulty making decisions - this could be due to mental illness, dementia, a learning disability, or another condition. The guidance sets out how people can be supported to ensure that decisions made by or about them genuinely reflect their choices.

GPs and General Practice staff are well placed to identify adults at risk of harm. They are a vital component in the multi-agency arrangements to support and protect where necessary. This guidance is to support GPs and General Practice staff when they may have need to refer to the Act. It should be used in conjunction with the main Adult Support and Protection Code of Practice.

This website is for members of the public to gain information about Adult Support and Protection in Scotland. It offers information about types of harm, the Adult Support and Protection (Scotland) Act 2007 and where to go for help.

The Equality Act 2010 came into force on 1 October 2010. It sets out the personal characteristics that are protected by the law and the behaviour that is unlawful. It works with the Adult Support and Protection (Scotland) Act 2007 to ensure that any public body or office holder performing a function under the Act must have regard to the adult's abilities, background and characteristics.

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948.

Human rights requirements lie behind Adult Support and Protection legislation and policy in Scotland. The European Convention on Human Rights sets out each Article in full.

This section of the Scottish Government website details national Adult Support and Protection policy. It explains the features of the Adult Support and Protection system in Scotland (including Learning Reviews, Adult Protection Committees and the inspection programme). There are links to policy documents, including the improvement plan, alongside other key resources.

These Health and Social Care Standards set out what everyone should expect when using health, social care or social work services in Scotland. They seek to provide better outcomes for everyone; to ensure that individuals are treated with respect and dignity, and that the basic human rights we are all entitled to are upheld.

The headline outcomes are:

1: I experience high quality care and support that is right for me.

2: I am fully involved in all decisions about my care and support.

3: I have confidence in the people who support and care for me.

Section 42 of the Adult Support and Protection (Scotland) Act 2007 states that each council must establish an Adult Protection Committee (APC). This revised guidance supports Adult Protection Committees to meet their statutory duties. It covers all aspects of APCs, including establishment, membership, responsibilities, and quality assurance.