Independent Advocacy and Adult Support and Protection:
The Adult Support and Protection (Scotland) Act 2007 – the ASP Act – provides a structure to protect vulnerable adults who may be at risk of harm.
- It provides powers to investigate the circumstances surrounding someone who has been harmed or is at risk of harm.
- It places a duty on Local Authorities to carry out investigations where suspicions have been raised.
- It places a duty on other organisations to co-operate with these investigations.
- It provides a range of statutory orders to remedy a situation where there is a risk of harm or actual harm: Assessment Orders; Banning Orders; and Removal Orders.
- It provides a basis for establishing local multi-disciplinary and multi-agency Adult Protection Committees across Scotland.
The ASP Act defines an adult at risk as someone being aged 16 or over, and:
- Unable to safeguard their own well-being, property, rights or other interests,
- At risk of harm, and because they are affected by disability, mental disorder, illness or physical or mental infirmity,
- More vulnerable to being harmed than adults who are not so affected.
Ceartas can support people going through the ASP System by giving them information about their rights, supporting them to communicate their wishes and concerns, and making sure they get the help they really need.
