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Safeguarding Adults Legislation in Scotland

Find out more about the latest Safeguarding Adults legislation in Scotland here.

• Act Against Harm

  Act Against Harm constitutes information and advice provided by the Scottish Government about the Adult Support and Protection Act 2006.

• The Adult Support and Protection Code of Practice 2014

  The Adult Support and Protection Code of Practice 2014 provides guidance about the performance functions by councils, their officers and other professionals. It also outlines how councils and practitioners should implemented the Adult Support and Protection Act 2007.

• Adult Support and Protection Act 2007

  The Adult Support and Protection Act places the lead role of the local council and its related powers and duties on a statutory footing. Section 4 of the Act requires local councils to make inquiries about a person’s wellbeing, property or financial affairs where appears that an adult at risk may need intervention and protections. It also includes provisions for assessment orders, removal orders and banning orders.

• The Mental Health (Care and Treatment) Act 2003

  The Mental Health (Care and Treatment) Act 2003 applies to adults living with a mental illness, learning disability or related condition referred to as ‘mental disorder’. The Act sets out when and how people can be treated if they have a mental disorder; when people can be treated or taken into hospital against their will; what a person’s rights are, and the safeguards which ensure these rights are protected; and that people with learning disabilities and/or a mental illness have a right to independent advocacy.

• The Care Inspectorate

  The Care Inspectorate inspects and regulates health and social care services in Scotland. It provides guidance for services on safeguarding practice and how they underpin and contribute towards effective safeguarding.

• Disclosure Scotland Framework Document 2018

  Disclosure Scotland’s Framework Document 2018 outlines how Disclosure Scotland operates to fulfil the duties set out in the Protection of Vulnerable Groups (Scotland) Act 2007. Disclosure Scotland manages the Protecting Vulnerable Groups Scheme, including barring unsuitable people from certain types of work.

• The Mental Health Act 2015

  The Mental Health Act 2015 consists of 10 principles that should be upheld when safeguarding individuals with mental health issues, including that the person’s background, beliefs and abilities should be taken into account; that a range of options for their care should be explored; and that any restrictions on the person’s freedom are the minimum necessary in the circumstances.

• The Adults with Incapacity Act 2000

  The Adults with Incapacity Act 2000 provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity because of a mental illness, learning disability, dementia, a related condition or have an inability to communicate. The Act provides for three types of protection when an adult lacks capacity: welfare guardianship, financial guardianship, and power of attorney.

• National Care Standards

  National Care Services ensure that people using services and their families know what to expect, and what action to take if they are unhappy or worried about any aspect of their care, and apply to the groups such as elderly, people with substance abuse problems, and care homes for those with learning disabilities.

• Protection of Vulnerable Groups Act 2007

  The Protection of Vulnerable Groups Act 2007 prevents unsuitable people working with children, young people and adults at risk and ensuring any organisation working with vulnerable people has an appropriate safeguarding policy for recruiting and staff and volunteers; responding to actual and suspected incidents of abuse; and conducting risk assessments.