Legislation

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.

Appropriate Adults provide communication support to vulnerable victims, witnesses, suspects and accused persons, aged 16 and over, during police investigations. This is statutory guidance for local authorities about their statutory duties relating to the provision of Appropriate Adult services under the Criminal Justice (Scotland) Act 2016.

This revised Code of Practice provides information and detail to support practical application of the Adult Support and Protection (Scotland) Act 2007. It aims to reflect the developments in policy, practice and legislation both in the overall context of adult support and protection and in day-to-day activity.

Duty of candour is a professional responsibility to be honest with people. It means being open and transparent in health and social care support. It also means that services must say sorry when things go wrong. The Duty of Candour Procedure (Scotland) Regulations 2018 came into force on 1 April 2018. These regulations apply when there is an event which causes unintended, or unexpected, harm to an individual receiving a health or care service.

This briefing looks at how legislation, policy, and services use the term ‘abuse’ and related terms such as 'victim'. Use of words surrounding abuse is complex, because how we talk about abuse can vary across contexts. It is also dynamic, because societal understanding of abuse has changed over the past decades. This briefing unpicks the different meanings the language of abuse can have - and how they have impacted policy and practice. Part of the Iriss outline series.