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

This report explores working with 16 and 17 year olds through Adult Support and Protection (ASP) legislation and Child Protection (CP) guidance. Included is a guidance and legislation table, which can be used as a reference for professionals working with this age group. This is complemented by a discussion of tensions and challenges in the legislation and guidance. There is also a qualitative exploration of practitioner experience in working with 16 and 17 year olds.

Title page of publication

Understanding age: presentation to CPC/ASP joint meeting

This presentation was delivered in April 2024 to a joint child protection / Adult Support and Protection meeting. Children and adults are defined in different ways in legislation. While ASP is applicable to someone over 16, child protection may be applicable up to the age of 18. In theory, therefore, both ASP and Child Protection guidance can apply to 16 and 17 year olds. This presentation gives an overview of that overlap and the interface between these two areas of support. It also covers the experience of working with 16 and 17 year olds from a practitioner perspective.

Title slide for presentation

ASPire 2024: Undue pressure

This video, from the ASPire 2024 conference, explores the issue of undue pressure. This includes when it's relevant, how it is defined, and how it is proved. The video particularly sets out the legal context and challenges in proving undue pressure is (or has been) occurring. Reference is made to the case of 'AB', in which undue pressure was a factor.

ASPire 2024: Case of 'AB' (Mental Welfare Commission)

This video, from the ASPire 2024 conference, explores the case of 'AB'. This person had mild-moderate learning disabilities and a long-term medical condition, and died aged 52. Alongside AB, the case highlights the role of CD, who repeatedly thwarted AB's access to medical care and support. The video outlines lessons to be learned for the future, particularly considering the issue of undue pressure.

Large Scale Investigations (LSIs): online learning resource

A course explaining the role of Large Scale Investigations (LSIs) within the context of Adult Support and Protection in Scotland. The resource primarily consists of video interviews with experts and professionals who share their knowledge and experience on LSIs. It also allows learners to record their own reflections on a number of suggested learning points.

Free account required to access.

Illustration of house under magnifying glass

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!