Adults Rights

Essentially, adult protection is about balancing the adults right to make choices about their lives with a legal duty to protect them. There are certain rights enshrined within the Adult Support and Protection (Scotland) Act 2007 that must be respected when intervening in ‘adult at risk’ circumstances. The Act also has overarching principles which must be considered in relation to any intervention in the life of an adult at risk.

 

A public body or office holder must be satisfied that any intervention will provide:

  • Benefit to the adult 
  • Be the least restrictive to the adult’s freedom of the range of options available

In addition the public bodies or office holders must also have regard to the following principles:-

  • Consideration must be given to the wishes of the adult
  • The views of others, the adult’s nearest relative, primary carer, guardian, attorney or other person, who has an interest in the adult’s well-being or property
  • The importance of the adult participating as full as possible and providing them with such information and support to enable them to participate;
  • Ensuring that the adult is not treated less favourably than any other adult in a comparable situation; and
  • Due regard given to the adult’s abilities, background and characteristics.

 

An 'adult at risk' has the right to refuse to co-operate with the Social Worker (Council Officer) during Inquiries and/or Investigations. The adult can refuse to answer any, all or some questions put to them and can also refuse to be medically examined.

Please remember, the consent of an adult is NOT required when reporting harm or making a referral to Social Work.