Adult Support and Protection Bill

A new Bill that offers greater protection to adults at risk of abuse has been approved by MSPs. The Adult Support and Protection (Scotland) Bill will give new powers and a statutory responsibility to local agencies to investigate any risk of harm or abuse to adults living in care homes or in the community.

Deputy Health Minister, Lewis Macdonald said: “The passing of this new Bill sends out a clear message today – abuse of adults at risk will not be tolerated in Scotland. It’s vital that we protect vulnerable adults from the risk of harm, whether this is caused by physical injury, neglect, sexual abuse or financial exploitation. This new legislation will mean that these often hidden problems can be tackled sensitively and constructively.”

New powers remove uncertainties about the duty to act and will make it possible to investigate allegations of any form of mistreatment. Assessment of the person and their circumstances can be carried out and appropriate support offered. In exceptional circumstances, a victim can be moved to a temporary place of safety and perpetrators can be excluded. Any actions taken must be to the benefit of the individual concerned.

Local councils and their partners are also placed under a duty to create Adult Protection Committees made up of a wide range of interested parties including social workers, health staff and the police to oversee adult protection work and to monitor its effectiveness and report their findings to Parliament on a regular basis.

David Manion, Chief Executive, Age Concern Scotland, said: “Older people across Scotland welcome this long-awaited legislation which will make it a statutory responsibility to respond to incidents of harm or abuse of an adult who may be vulnerable. Scotland is now leading the way by legislating for improved safeguards and responses and is giving out a clear message that the mistreatment of any person will not be tolerated.”

Part 1 of the Bill is concerned with adult protection. Parts 2 and 3 clarify aspects of both the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003 whilst also making some minor adjustments to the Social Work (Scotland) Act 1968.