The Scottish Government

Adult Support and Protection (Scotland) Act 2007: Part 1

Frequently Asked Questions

You should refer to the Act itself if you need more detailed information and seek legal advice if you have any queries on its interpretation.

What is the purpose of the Act?

The Adult Support and Protection (Scotland) Act 2007 (the Act) was passed by the Scottish Parliament in February 2007. The Act introduces measures in relation to adults who are at risk from the many forms that harm can take, whether this is physical or psychological harm, neglect, sexual abuse or financial exploitation.

The intention is to help identify and to support "adults at risk" and to achieve an appropriate balance between the rights of individuals to live their lives as they wish, to provide support to them when they need it, and to provide the means to reduce the risk of harm to adults.

Why do we need this legislation?

The provisions in the Act complement measures in existing legislation, such as the Adults with Incapacity (Scotland) Act 2000 (the 2000 Act) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act). While the 2000 and 2003 Acts provided some protective measures for those with a mental disorder or an incapacity of some sort, there were still adults outwith the scope of these two Acts who suffered harm. The Act completes the suite of protective measures available.

Where there is uncertainty about whether somebody would be covered by the 2000 Act or some other legislation, the Act will allow practitioners in the door to assess whether intervention is needed. It can therefore serve as a gateway - giving a council the ability to determine what other legislation it might use.

Who is affected by the Act?

The Act affects several groups of people, including:

• adults at risk and their families/carers;
• health and social work practitioners and managers, whom the Act confers a number of powers and duties on;
• police, who have a role regarding protection orders and any attached powers of arrest;
• courts - Sheriffs have powers and duties relating to the granting of protection orders;
• public bodies with powers of investigation or with a duty to co-operate with investigations;
• providers of advocacy and support services;
• holders of financial information, for example, banks, who may be required to produce the financial records of an adult at risk at the request of a council officer.

Who are adults at risk?

The Act defines adults at risk as individuals, aged 16 years or over, who:

• are unable to safeguard themselves, their property, rights or other interests;
• are at risk of harm; and
• because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected.

The presence of one particular condition does not automatically mean an adult is an "adult at risk" - all three of these elements must be met.

When is an adult at risk of harm?

An adult is at risk of harm if :

• another person's conduct is causing (or is likely to cause) the adult to be harmed, or
• the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm.

The purpose of the Act is to provide protection from both deliberate and unintentional harm.

What is the definition of 'harm'?

Harm is defined in the legislation as including all harmful conduct and, in particular, includes:

• conduct which causes physical or psychological harm (e.g. by causing fear, alarm or distress);
• unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion);
• conduct which causes self-harm.

Therefore, harm can be physical (including neglect), emotional, financial, sexual or a combination of these. The definition should not be read as an exhaustive list. It has been drafted broadly so as to include a wide range of behaviours. Just because a particular category of harm is not listed this does not mean it is not included in the definition.

What are the principles underlying the Act?

At the heart of the Act is achieving a balance between respecting individuals' rights and taking actions where necessary to support and protect individuals who are at risk of harm. The Act includes a set of principles which are intended to guide people when they are undertaking investigations or considering taking actions under the Act.

The overarching principles in Section 1 of the Act, underpin the Act and must be taken into account at each stage of any decision-making process. Any intervention in an adult's affairs under the Act:

• must provide benefit to the adult; and
• should be the least restrictive to the adult's freedom of the range of options available to meet the object of the intervention.

The above principles are further supported by a set of guiding principles in section two which those performing functions under the Act must have regard to, where relevant. These principles state that:

• consideration must be given to the wishes and feelings of the adult at risk;
• the views of the adult's nearest relative, any primary carer, guardian or attorney, and any other known individuals with an interest in the adult's well-being or property;
• that the adult should also be encouraged to participate as fully as possible and must be provided with the information and support necessary to enable them to do so;
• to ensure that the adult is not, without justification, treated any less favourably than an adult in a comparable situation, and
• due regard should also be given to the adults' abilities, background and characteristics.

What action can be taken under the Act?

The Act places a duty on councils to make inquiries about an individual's well-being, property or financial affairs where the council knows or believes that the person is an adult at risk and that it may need to intervene to protect him or her from being harmed. It authorises council officers to:

• carry out visits;
• conduct interviews;
• to be accompanied by a health professional to undertake a medical examination in private; and
• require health, financial or other records to be produced

in respect of an adult at risk .

In line with the principles of the Act, any intervention must provide benefit to the adult, that this benefit could not have reasonably been achieved without intervention and that any intervention will always be the least restrictive to the adult.

There are also a range of protection orders that may be applied for where the adult is considered of being, or likely to be, at risk of serious harm. This can take one of three forms:

• an assessment order; which allows the adult to be taken to a place to be interviewed or medically examined in private. This should be undertaken in the quickest time available. The order does not allow the adult to be detained against their will;
• a removal order; which allows the adult to be removed to a place for up to seven days, but again does not allow the adult to be kept there unless they choose; or
• a banning or temporary banning order; which bans some-one from a place or vicinity.

Protection orders should only be applied for in exceptional circumstances .

Who has a duty to co-operate?

The Act requires the following public bodies to co-operate with local councils and with each other, where harm is known or suspected:

• the Mental Welfare Commission for Scotland;
• the Care Commission;
• the Public Guardian;
• all councils;
• chief constables of police forces;
• the relevant Health Board; and
• any other public body or office holder that Scottish Ministers specify.

The public bodies or officers must advise the relevant council if they know or believe that a person is an adult at risk and that action needs to be taken in order to protect that person from harm.

Which is the relevant health board when an adult at risk moves?

It is the relevant Health Board for the council area where the adult at risk is present for the time being.

What is the role of voluntary organisations in reporting suspected or actual harm?

Although these organisations do not have specific legal duties or powers under the Act, they need to have knowledge and awareness of adult support and protection issues.

Many organisations have a duty of care, and they should have procedures in place to report and record any concerns, suspicions or disclosures made by or about any adults who may need protection.

Staff should also be aware of the "whistle blowing" procedures.

Doesn't this Act discriminate against people who are disabled, ill or have a mental disorder?

No. It is important to stress that all three elements of the definition of "adult at risk" must be met. This means that the presence of a particular condition does not automatically mean an adult is an "adult at risk". For example, someone could have a disability but be able to safeguard their well-being etc. Nor is the definition so wide that it will cover a disproportionately large element of the population.

Surely people are entitled to make their own choices without interference?

The Act is not about taking away a person's right to self determination or a tool for taking away people's right to make choices. What it does is allow councils to make necessary inquiries and to put support services in place, where needed, to enable people to continue to lead fulfilling lives free of harm.

How can you make sure that professionals will not misuse the powers in the Act?

The Act contains principles that must be taken into account. For example, anyone performing functions under the Act must give consideration to the wishes and feelings of the adult at risk and ensure that the adult is not, without justification, treated any less favourably than another adult in a comparable situation.

Where an order is applied for to the sheriff, the sheriff must also take the principles into account when making his/her decision.

Adult Protection Committees (APCs) are responsible for monitoring the operation of the Act at a strategic level within their areas. The guidance for APCs, issued by Scottish Ministers, includes a potential framework for adult support and protection audit and evaluation.

Is anything else being done to ensure people can make their own choices?

The final discussion at the National Conference "Enabling risk in adult care and support" in spring 2008 was chaired by the Minister for Public Health, who confirmed the Scottish Government's commitment to taking work forward in this area. There are challenges in modernising services and meeting everyone's expectations but the Government is committed to shifting the balance of care, promoting earlier intervention and improving outcomes for everyone in Scotland. This means increasing choice in how people lead their lives.

What about domestic violence?

It is recognised that there will be some situations of domestic violence where the three elements of the definition of "adult at risk" are met. However the Act provides the ability to inquire about an adult's circumstances to allow a judgement call to be made as to whether any action needs to be taken, and if so, which legislation will provide the best solution in each case. Clearly, the principles will also have to be taken into account, for example that the adult is not, without justification, treated less favourable than the way in which any other adult might be treated in a comparable situation.

An option for some cases will be to use the existing legislation, as with current domestic violence legislation.

Couldn't this Act end up criminalising or demonising stressed carers?

The Act recognises the crucial role of relatives and carers in providing support in what can sometimes be an extremely difficult and demanding job. Clearly the quality of the care someone provides can sometimes depend on the extent to which they are supported in their carer's role, for example giving care can sometimes only be possible when the carer gets appropriate psychological and practical support.

The Act makes clear that the council should establish whether any action is required to protect the adult's well-being. This should include ensuring that the carer is provided with additional support where required. For example, the carer might approach the council and ask for assistance. It may be that the carer is now suffering ill health, or career or family circumstances have changed, and they need additional practical or emotional support to be able to continue in their caring role.

The code of practice makes clear that a carer who is providing a substantial amount of care should be advised that they have the right to have their carer needs assessed by the council and to be offered an assessment where they appear to have unmet caring needs.

The principles also provide that the primary carer's views should be taken into account.

Surely we should be more concerned with preventing harm in the first place?

As part of the Scottish Government's national training strategy, a series of national awareness raising events held in 2008 covered this highlighting the signs of harm, responses to harm, whistle blowing, ethical dilemmas etc.

When will a council undertake inquiries?

Councils have a duty under the Act to make inquiries into an adult's well-being, property or financial affairs, where they know or believe an adult may be at risk of harm. When certain public bodies become aware that an adult is, or is suspected to be, at risk of harm the Act obliges those public bodies to report this to their local council. Concerns may also be raised by a family relation or carer, or could result from the care assessment review process.

What is the purpose of an inquiry?

To ascertain if an adult is at risk of harm and to establish if further action is required to stop or prevent harm from occurring.

The Act provides for a number of actions that a council can take where it is found necessary to intervene to support or protect an adult at risk of harm. This could mean using other legislation to ensure that the adult or any other person, such as a family carer, is provided with appropriate support.

Should the council work on its own?

The Act sets out the council as the lead body. However, it emphasises multi-disciplinary and multi-agency working. The council must consult and/or work in partnership with other professionals, such as the police, health professionals etc.

Surely harm should be treated as a criminal offence?

Harm is not always due to criminal activity. It may be caused through unconscious neglect or by the adult themselves.

Where inquiries suggest that a criminal offence has been committed against the adult, then this must be reported to the police at the earliest opportunity. The police may wish to conduct a criminal investigation. This does not remove the responsibility on the council to take any immediate action to protect the adult at risk but any proposed action should be taken in consultation with the police.

What if the adult does not want information about them shared?

Adults being harmed may be anxious about information being shared with others. Existing law allows information to be disclosed without consent where such disclosure is required by law (either a court order or statute) or where such disclosure is in the public interest. If it is the public interest test that is relied upon, then disclosure must be proportionate to the harm it is being sought to prevent.

Crime detection and prosecution, as well as prevention, may provide legitimate grounds for disclosure.

What services can be provided to an adult at risk of harm?

Appropriate support can improve the quality of life for adults at risk of harm and ensure that they receive the help they need.

Where general inquiries progress to interventions, the Act places a duty on the council to consider providing the adult with services tailored to the individual's needs. While the only service explicitly mentioned in the Act is independent advocacy, a council should also give consideration to what practical and emotional support may be provided by social work, health, voluntary sector and private sector providers. For example, the provision of mainstream health and social care services such as housing, independent living, occupational therapy, counselling and support for carers.

Why isn't independent advocacy mandatory?

The Act applies to all adults at risk of harm, including those who have mental capacity. It recognises that not all persons will either need or choose to access independent advocacy as they may be well able to represent their own views, either on their own or with existing forms of support.

Where an adult has a mental disorder, including those adults with a learning disability, then that adult is already entitled to access independent advocacy services by way of the Mental Health (Care and Treatment)(Scotland) Act 2003.

What is the purpose of a visit?

The reason for a visit is to establish whether the individual is an adult at risk of harm and whether the council needs to take any action to protect them. In many cases it will be enough to have a discussion with the adult. The opportunity for a conversation may give individuals the information they need to enable support to be put in place for themselves or a carer, or to assist that person in making choices.

Can someone accompany the council officer on a visit?

The council officer may be accompanied by another person, for example someone already known to the adult.

Where can be visited?

The place visited can include an individual's home, as well as premises where they are residing temporarily or spend part of their time, for example, a day centre, place of education, hospital etc. All parts of the premises may be visited.

Does the council officer need to prove who they are when they visit?

Yes. The council officer should produce evidence of identity, advise of the object of the visit and produce evidence that they have been authorised to visit the place.

What if entry is refused?

A warrant for entry can be sought. Provided delay would not increase the risk to the adult, it is always good practice to have a multi-disciplinary discussion and plan to co-ordinate any action to minimise any possible distress to the adult.

Who can be interviewed under the Act?

The Act provides that any person found in the place visited may be interviewed, including the adult at risk.

The adult is entitled to refuse to answer any questions and must be told of their entitlement before the interview happens.

The interview process must encourage full participation of the adult at risk. The adult should be provided with assistance to communicate if necessary.

It is good practice to ask the adult if they would like someone else present. Interviews can be held in private if the council officer has reason to believe this is necessary.

In some circumstances, it will be in the interests of the adult at risk for another person to be interviewed, too - perhaps somebody with whom they share their home or, alternatively, in a regulated care setting, a care worker.

Can statutory visits be made outside a council area?

Section 7 allows a council officer to enter any place for the purpose of enabling or assisting a council conducting inquiries to decide whether it needs to do anything, therefore statutory visits can indeed be made outside a council area. This applies only within Scotland as the Act does not extend to the rest of the UK.

Who can carry out a medical examination of an adult at risk?

A medical examination can only be carried out by a health professional (doctor, nurse or midwife) and with the adult's consent, although this does not exclude providing treatment in an emergency where the usual rules of medical ethics apply.

Examination of records?

This includes all records, including health, financial or other records relating to an adult known or believed to be at risk if this is required to establish whether further action is required to protect them. As consent, confidentiality and information sharing are complex areas, councils are encouraged to appoint someone senior to make decisions about records access and confidentiality issues.

Health records may only be inspected by a health professional.

Can a council officer examine another person's records, for example to see if money has been transferred from the adult's bank account to some-one else's?

Section 10(1) only allows the council officer to require records relating to an individual whom the officer knows or believes to be an adult at risk. The Act does not allow another person's records to be requested for inspection - only records relating to the adult at risk. This would include joint bank statements.

Can an adult at risk refuse to be interviewed or medically examined?

Yes. The adult must be made aware of their right to refuse before any interview or medical examination.

Can a nurse who is also a council officer examine records?

A local authority may employ a nurse to carry out health duties as a nurse. The nurse can only inspect records if he or she meets the definitions of both council officer and nurse as set out in regulations made under section 52 and the definition in section 53 of the Act.

Why are the police involved in warrants for entry and protection orders if a crime hasn't been committed?

The Act states that a constable may use "reasonable force". The constable will have to use his or her judgement in weighing the use of reasonable force against the risk of harm. For example, if a person were at risk of seriously harming themselves, we would all expect a police officer to prevent that from happening. Moreover, the person at risk of harm might simply need a guiding hand to get out of a difficult position. It may be that the constable ensures that another person does not stop the adult leaving.

Can a protection order be applied for where the adult does not have capacity to consent?

Yes. Where an adult does not have the capacity to consent, a protection order can still be applied for. However, the Sheriff will require evidence of lack of capacity.

Can anything happen without the adult's consent where the adult has capacity to consent?

Where it is considered that the adult will refuse to consent to a protection order, then the council should re-consider the merit of the application.

A sheriff must not make a protection order if the sheriff knows that the affected adult at risk has refused to consent to the granting of the order. However the withholding of consent does not mean that action to prevent or stop harm will end in every case. The Act aims to balance rights with protection and makes it clear that action is acceptable only when every step that could be taken with their consent has been taken but the adult remains at risk. The sheriff may still grant an order if the sheriff reasonably believes that the affected adult at risk has been unduly pressurised to refuse consent and there are no steps which could reasonably be taken with the adult's consent to offer the protection needed.

Protection orders should be only used when all other options have been explored and exhausted.

What does "unduly pressurised" mean?

An example of undue pressure is where the adult is afraid of or being threatened by another person and is too scared to speak out.

Another example would be where it appears that harm is being, or is likely to be, inflicted by a person in whom the adult at risk has confidence and trust. If the adult didn't trust them then the adult would consent to the order.

It could also be that the presence of one person who inspires trust in the adult may influence the adult to refuse their consent in order to shield a group of people or the person harming the adult.

If an adult refuses to consent to a protection order, must evidence of undue pressure always be provided to the Sheriff?

No. If an adult does not have capacity to consent, then there is no requirement to provide evidence of undue pressure. However, the Sheriff will require evidence of lack of capacity.

The Act provides that the adult might not always know about or be at a court hearing. What about the right to a fair hearing? How does this comply with the ECHR?

The balance between protection and choice is a delicate one but all legislation passed by the Scottish parliament is ECHR compliant.

Whether an adult at risk is aware of, or present at a court hearing is a matter for the sheriff to decide. The sheriff will take account of the circumstances of the case and may decide that it is more appropriate for the hearing to be held without either the knowledge, or the presence of the adult at risk. However the sheriff must be satisfied that by doing so this protects the adult from serious harm or will not prejudice any other person affected.

Has the sheriff the discretion to hold hearings in private?

Yes.

Does the Act allow for an adult to be detained?

No. The Act does not allow an adult to be detained against their wishes. Once the adult has been taken to the place specified on either an assessment or removal order, then the adult is free to leave. The council should ensure that the adult is taken back to the place from which they were taken or another place of the adult's choosing, within reason.

What is an assessment order?

An assessment order allows a council officer to take an adult from the place being visited to another location to allow the council officer to conduct a private interview or for a health professional to carry out a medical examination in private. This order will only be necessary where the place being visited is not suitable or available for either of these purposes.

The council must also consider whether the adult requires any support and/or other services, taking account of the adult's individual circumstances.

It is important to bear in mind that an interview or medical examination can only take place with the adult's consent.

What if, on way to interview/examination/place of removal, the adult agrees to go a place not on the order, reaches that place and then changes their mind?

Unless the order has expired by way of time bar, or having been used already, then the order is still valid and can be used. If the person moves from the place stated on the order, then a new assessment order, or in the case of a removal order, a variation of the order, will be required.

What is a removal order?

A removal order authorises a council officer to remove an adult at risk to a specified place, where there is a likelihood of serious harm if he or she is not removed. The order may be effective for anything from a few hours up to a maximum of 7 days. The order may also provide for contact between the adult at risk and another person, as this could prove beneficial, for example relatives or friends.

The code of practice makes clear that a further application must not be made with a view to extending the order. This is to avoid the unintended consequence of an adult being out of their home for longer than is necessary.

Where should a person who is subject to a removal order be taken?

The council officer must identify somewhere appropriate and specify this in the application for the removal order. This will not necessarily be to a care setting. The adult may be taken to the home of another relative. The council must also consider what support and other services would be appropriate for the adult's individual situation.

Does a council officer require to notify particular parties about the place the person is removed to?

It is good practice for the council to notify, if appropriate, any persons who are known to have an interest in the person's well-being or property.

Can a removal order be changed or quashed?

Yes. The Act provides for an application to be made to the sheriff for variation (to change the terms of the order) or for recall (to revoke/quash the order) where this is justified by a change in facts or circumstance.

The adult at risk, any person with an interest in their wellbeing or property, or the council may apply to the sheriff. The application should be decided before the original order expires.

What happens if the adult consents to remain removed and another person applies for a recall of the order?

The council could defend any application variation or recall and provide the sheriff with proof that the adult consents to remain in that place. This would also require proof that the adult has the capacity to consent.

Why is there no right of appeal against a removal order?

The reason that a removal order may not be appealed is primarily because the order only lasts up to a maximum of 7 days. It would be impractical for an appeal to a higher authority (the Sheriff Principal) to be heard within that time. A removal order does not provide for detention against the adult's will.

Can a removal order be granted by a justice of the peace?

Yes, in an emergency. However, as the court service provides a duty sheriff facility 24 hours a day there are likely to be very few instances in which an emergency order by a justice of the peace will be sought.

Can a removal order be sought after an emergency order?

Yes.

Can the council stop an adult at risk making arrangements to see other people during the period of removal?

The Act does not preclude the adult from making arrangements to see or contact anyone they choose. However, if the adult was to be stopped from seeing anyone, for example the person harming them, then that should be specified in the order.

The council has a duty to protect the property that an adult has been removed from. What happens if someone prevents access to the property?

The council should plan ahead, wherever possible, about how to protect the adult's property prior to their removal. The powers contained in section 18 give council officers the right to enter property to protect it. If entry is obstructed then presumably the council would seek police assistance.

What is a banning order or temporary banning order?

A banning order bans the subject of the order from a specified place, for a period of time not exceeding 6 months. A temporary banning order can be granted by a sheriff pending the determination of a banning order. A sheriff may also attach a power of arrest to banning orders or temporary banning orders.

An order can only be granted where the adult at risk is likely to be seriously harmed. A temporary banning order can be granted by a sheriff pending the determination of a banning order. Orders may also be granted in respect of children under 16 years of age.

The subject of the order may not necessarily be living with the adult at risk. The point of the banning order is to put some distance between the subject and the adult at risk to protect the adult at risk from further serious harm.

Can the banning or temporary banning order be tailored to the adult's own circumstances?

Yes. Various conditions can be attached to an order such as allowing contact between the subject of the order and the adult at risk under supervised conditions, perhaps as a first step to resolving an issue. For example, this period could provide an opportunity for some form of mediation between the adult and subject of the order, to allow the subject access to the adult at risk's children or family, or to secure the adult at risk's future on a permanent basis.

What is a power of arrest?

A power of arrest allows a constable to arrest the subject of the order if they are in breach of the order and that they are likely to breach the order again if not arrested. A sheriff may attach a power of arrest to banning orders or temporary banning orders.

A power of arrest only becomes effective once served. Does this mean there will be a slight gap between the order being made and the power of arrest being served?

Yes. This happens at present with other interdicts and orders.

What happens if someone breaches a banning or temporary banning order?

Although the breach of an order is not in itself a crime, actions which result in a breach may be criminal offences, for example a breach of the peace or assault.

Where there are no criminal proceedings, a civil action may be raised for breach of the order. If the breach is established, the subject of the order is liable to be held in contempt of court, attracting a penalty or a fine or imprisonment.

Can a banning or temporary banning order be changed or appealed?

Yes. A banning or temporary banning order can be varied (changed), recalled (revoked/quashed) where there has been a change in the facts or circumstances in respect of which the order was granted, or varied.

Any decision to grant or refuse to grant a banning or temporary banning order can be appealed. The order will remain in force until the appeal is expired.

Children under 16 can be the subject of a banning order. Are there any special provisions relating to them?

The code of practice makes clear that where the subject of the order is a child, prior consideration should be given to making a referral to the Children's Reporter where it is believed there would be an effective case to answer.

Where a child is subsequently arrested, the Act states that the officer must give intimation without delay of the detention and place of detention to any person known to have parental responsibilities and rights in relation to the child.

It is expected that the police would also make a referral to the Children's Reporter.

How will offences such as obstruction be pursued?

As with other offences, they should be reported to the police.

How do council inquiries and investigations fit with the existing role of the Care Commission?

The Care Commission's role is to regulate and inspect services. It also has a statutory duty to investigate complaints. The Act places a duty on councils to investigate the circumstances of particular individuals. Where an investigation under the Act raises an issue for service delivery more widely, then the Care Commission and the council will have a duty to co-operate to resolve the issue.

In addition, the Act's provisions can deal with certain complex situations which providers have told the Care Commission that they can't do anything about. For example, having no power to prevent an individual who is suspected of subjecting an adult at risk to financial abuse, from making unaccompanied visits to that adult.

What are Adult Protection Committees (APCs) and how will their work be monitored?

APCs oversee adult protection activities at a strategic level. Their functions include encouraging and evaluating inter-agency working, developing and reviewing policies, monitoring and reviewing activities and raising awareness.

Each council area has a statutory duty to set up an APC. Councils should appoint members to the committee who have skills and knowledge relevant to its functions.

The Act requires APC conveners to prepare a biennial report on their committee's work. The convenor must be independent of the council. It is good practice to ensure that the convener in independent of all statutory bodies on the committee.

Why is it not mandatory for APCs to have service provider or voluntary sector representation?

We would not wish to place an onerous duty on any smaller organisations. Although not a statutory requirement, it is good practice to appoint representatives who can bring particular expertise to the committee. However it is for each APC to decide. Policies and procedures should reflect local needs. There may therefore be different models to deliver this and the council should adopt the model that is most appropriate for their area.

Why not have joint Child and Adult Protection committees?

There is, at present, no statutory basis for child protection committees comparable to those provided for in the Act. However the Act does allow sufficient flexibility to build on existing practice and share expertise with Child Protection Committees (CPCs) where appropriate.

It is expected that APCs and CPCs will co-operate. What may start out as an adult protection inquiry may also become a child protection matter. There will also be a need for transitional arrangements to be in place for persons formerly covered by child protection legislation who may in future require protection by adult services.

What about funding authorities to implement the Act?

Following negotiations with COSLA, agreement has been reached to allocate a total of 7.8m to authorities for the period October 2008 to March 2009. An additional 0.2m has been allocated to the police for their specific functions under the Act.

When will the Act become law?

29 October 2008.

When will the Act be reviewed?

The Act will be reviewed in two years time in line with assurances made during the passage of the Bill.

The Adult Support and Protection Act and its supporting documents are available. Hard copies of the Act can also be purchased.