LawsWhat the Parliament says must happen Some of the things that affect the lives of people with learning disabilities and their families have been put into laws. This means that they should happen. Often there will also be codes of practice to help people to put the law into practice. Here we will feature the laws (legislation) that you want to know about and we’ll also tell you how to find out more. Adult Support and Protection (Scotland) Act 2007Read the Easy Guide to the act
This law was passed by the Scottish Parliament on 15 February 2007. Part 1 of this Act includes measures to protect and support adults who are, or may be, suffering harm. Because a lot of work is still required to make sure it’s used properly, Part 1 is not planned to start until October 2008.
The purpose of the law is to protect people at risk from being harmed. Not everyone who is disabled is vulnerable, and the Act says that local authorities must listen to and consider the views of the adult at all times.
This law is to protect people aged over 16 who cannot look after their own interests and are at risk of being hurt or having their money or property taken.
Local authorities will be able to look into cases where they believe or are told someone is being harmed and, if they can’t find better ways to stop harm from continuing, they can ask a sheriff for a protection order.
There are 3 orders. An assessment order allows the adult to be assessed to see if they are at risk of being harmed, and would allow a local authority to decide if they need to do something more to protect the adult.
A removal order would allow the adult to be moved from where they live to another place for a short time to stop them from suffering serious harm.
A banning order could prevent the person doing the harm (perpetrator) from staying in the house, or having any contact with the adult, but only if a local authority cannot protect the adult in any other way.
Before a sheriff agrees to make any order they must allow an adult to say what they think about it. When a local authority decides they need to do something to protect the adult from harm, they should provide access to independent advocacy or other kinds of support services to help the adult understand what is happening.
Local authorities must set up multi agency protection committees and agencies (health boards, police, the Care Commission and others)should work together and share information better in order to protect people at risk of harm. |
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
){kind=icon}
