This item was published during the term of a previous administration that ended in April 2007
Listen
Adult Support and Protection Bill
31/03/2006
A new Bill which aims to offer greater protection to adults at risk of abuse was published today.
The Adult Support and Protection (Scotland) Bill will provide powers to:
- Set up new multi-agency Adult Protection Committees to oversee adult protection policies locally
- Place a duty on a range of agencies to investigate suspected abuse
- Provide new powers to carry out assessments of the person and their circumstances
- Create a range of options for intervention to address and manage instances of abuse
The Bill also enhances powers which exist already in the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003, to improve the operation of these important pieces of legislation.
Deputy Health Minister Lewis Macdonald said:
"It is difficult for us as a society to acknowledge that abuse happens and that it sometimes happens to people in relationships of trust. We also know that it can be difficult for individuals who are being abused to speak up because they are afraid or embarrassed.
"Abuse of adults at risk will not be tolerated in Scotland. This legislation aims to protect adults from the many forms that abuse can take whether this is physical injury, neglect, sexual abuse or financial exploitation.
"The formation of Adult Protection Committees will help professionals to exercise their judgement in what kind of intervention is best, when this is necessary. Any actions they take must be to the benefit of individuals concerned and will take account of their feelings."
Ann Ferguson, Secretary of Vulnerable Adults Alliance Scotland (VAAS) and Elder Abuse Project Manager for Age Concern Scotland, said:
"It is not well understood that many adults in Scotland are unable to protect themselves from abuse by family members or paid carers who are trusted with their well being.
"Vulnerable Adults Alliance Scotland welcomes this Bill as a sensible and much needed way forward to improve safeguards for the most vulnerable people in society, while giving due regard to individual rights."
Alex Davidson, Chair of the Physical Disability and Sensory Impairment Group of the Association of Directors of Social Work (ADSW), said:
"ADSW welcomes the Adult Support and Protection (Scotland) Bill and has been pleased to work with the Scottish Executive and other partners in taking forward action in relation to this Bill.
"The Bill places an emphasis on support and protection and means Social Workers with colleagues in the NHS, Housing and the Police will be able to more adequately intervene when there are concerns about individual harm or risk for individuals living in the community.
"Social workers across Scotland can now make further progress, together with colleagues in other sectors, to protect members of the public who may be vulnerable and subject to abuse or where investigation and assessment may be required."
The new Bill principally takes forward recommendations contained in the Scottish Law Commission report on vulnerable adults (1997). It addresses concerns raised about the care and treatment of adults at risk contained in reports by the Mental Welfare Commission and the Social Work Inspection Agency.
In addition, this Bill will be the vehicle to make a number of other changes to support adults in their daily lives.
The Adults with Incapacity (Scotland) Act 2000 will be amended to improve access to the measures in the Act and simplify procedures, while maintaining protection with adults with incapacity.
The Social Work (Scotland) Act 1968 will be amended to give local authorities the power to allow direct payments to be paid to close relatives in exceptional circumstances.
The Mental Health (Care and Treatment) (Scotland) Act 2003 will be amended to ensure adults on compulsory treatment orders are reviewed every two years by the Mental Health Tribunal.