What the Act does

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

• are unable to safeguard themselves, their property (their home, the things they own), their 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.

Having a particular condition such as a learning disability or a mental health problem does not automatically mean an adult is at risk. Someone can have a disability and be perfectly able to look after themselves. For an adult to be considered at risk, all three parts of the definition must be met.

The Act

The Act introduces new measures to identify and protect individuals who fall into the category of adults at risk. These measures include:

• requiring councils to make the necessary enquiries and investigations to see if action is needed to stop or prevent harm happening;
• requiring specific organisations to co-operate with councils and each other about adult protection investigations;
• the introduction of a range of protection orders including assessment orders, removal orders and banning orders; and
• a legislative framework for the establishment of local multi-agency Adult Protection Committees across Scotland.