Legislation

Under Adult Support and Protection legislation, local authorities have a duty to investigate harm. The major piece of legislation is the Adult Support and Protection (Scotland) Act 2007, however there are several other Acts that will be relevant to ASP work. The resources in this category all relate to legislation (and gaining the legal literacy to apply it).

Understanding age in Child Protection guidance and Adult Support and Protection legislation (one-page explainer)

This one-page explainer sets out what can be found in the resource Understanding age in Child Protection guidance and Adult Support and Protection legislation. It explains how to get the most out of the resource, especially for those working with 16 and 17 year olds. This one-page explainer also contains additional reflective questions to consider and ideas for group learning sessions on the topic.

Picture of teenagers

Supervising guardians (Dundee Health and Social Care Partnership)

This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority in supervising private welfare guardians. It looks at what a private welfare guardian is, how someone becomes one, and why they are supervised by the local authority. It also covers situations where there is a concern about a welfare guardian, or if the welfare guardian no longer seems necessary.

The video also contains links to other resources.

The local authority as welfare guardian (Dundee Health and Social Care Partnership)

This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority when acting as welfare guardian for an adult. It covers what a welfare guardian is (and how a local authority can become one), a welfare guardian's powers, and how they work in practice. It also covers what happens when these powers don't work as intended, or when a welfare guardian's role ends. Issues of human rights and restrictions of liberty are considered throughout.

Human Trafficking and Exploitation (Scotland) Act 2015

An Act of the Scottish Parliament to make provision about human trafficking and slavery, servitude and forced or compulsory labour, including provision about offences and sentencing, provision for victim support and provision to reduce activity related to offences.

Trafficking can involve victims being sexually exploited or forced into the role of a servant, or trapped in forced labour. Nail bars, car washes and construction are amongst the industries where potential cases in Scotland have been reported.

Cover of Act, with title and crest

Comparison of the Adult Support and Protection (Scotland) Act 2007 (ASP) with the Adults with Incapacity (Scotland) Act 2000 (AWI) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT)

This document contains several tables, each of which provides short extracts from the Acts for comparison purposes. These include:

  • Who is subject to the provisions of the ASP, AWI and MHCT Acts
  • A short overview of Orders, Warrants and Certificates
  • The principles
  • Duty to investigate / inquire
  • Duty to co-operate
  • Entry to premises / visits
  • Medical assessment/examination/treatment
  • Examination of records
  • Banning orders / interdicts
  • Urgent action
  • Financial interventions
Cover of comparison report

Adults with Incapacity (AWI) for Health, Social Work and Social Care: Learning resource

This learning resource is designed to support the development of knowledge and understanding of the Adults with Incapacity (Scotland) Act 2000. It aims to support and promote people’s rights in the application of the Act in health, social work and social care.

Included with this resource is an eLearning module, principles of the AWI Act, a podcast, a quick guide, a 'mythbusting' section and a resource library. It is part of TURAS and a free account is required to access the resource.

Screenshot of AWI Act

Good practice guide: Working with independent advocates

This good practice guide sets out the law and basic principles related to independent advocacy. This guidance aims to help practitioners make sure that advocacy is encouraged and that the
advocate plays an important role in care and treatment, as intended by the legislation.

Several good practice examples and case studies are included.

Cover of good practice guide

The ASPire Hub is a place for everyone working in Adult Support and Protection in Scotland to access and share resources. It is regularly updated and we welcome feedback and new additions!