Adult welfare and protection
- protection of adults
- adults at risk of harm: possible increased risks
- staff and volunteers involved in adult protection activity
- adults with incapacity
- self-care, support and supervision of staff and volunteers
The Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”) is designed to protect people who are at risk of harm because they are affected by disability, mental disorder, illness or physical or mental infirmity. The Act provides ways of protecting adults at risk of harm. In general terms, behaviours that constitute ‘harm’ to a person can be physical, sexual, psychological, financial, or a combination of these. Harm also includes self-harm, neglect and self-neglect. The harm can be accidental or intentional, or as a result of self-neglect or neglect by a carer.
Harm can happen anywhere including within a private home, in hospital or a care home, at work, or in a public place.
The 2007 Act places a duty on local authorities to make inquiries about a person's well-being, property or financial affairs if it knows or believes that the person is an adult at risk, and that it might need to intervene in order to protect the person's well-being, property or financial affairs.
An adult (aged 16 years or over) is defined as being at risk of harm where they are:
- unable to safeguard their own well-being, property, rights or other interests
- are at risk of harm
- because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.
In this context, 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. Harm includes neglect and self-neglect.
Having a particular condition, such as a learning disability or a mental illness, 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 adult at risk may not be able to identify or report safeguarding concerns themselves. It is crucial that those who identify adults or children at risk report these concerns to the local authority/Health and Social Care Partnership social work services as soon as possible.
People from the Ukraine who are deemed to be at risk of harm will be treated the same as any other adult at risk of harm in Scotland. Statutory responsibility for undertaking Adult support and protection inquiries rests with the local authority where the adult who may be at risk of harm is for the time being situated in. Local partnerships and Adult Protection Committees are already taking action to ensure that adults at risk of harm are protected. This should involve all of the key agencies, and include consideration of any necessary enhancements to local processes, and the communication of these changes to the workforce and wider community.
Adult Support and Protection is part of a continuum of collaborative responsibilities upon agencies working with adults at risk of harm. It requires sound professional judgement, based on robust assessment and available evidence, informed by the perspectives of the multi-agency team, taking account of the views and wishes of the adult and their carers or those with significant relationships with the adult.
It is possible that the vulnerability of some adults arriving from Ukraine will increase because of the additional pressures placed on families and communities by their separation from support networks, in addition to the impact of trauma; a trauma informed approach should be taken when working with all those arriving from Ukraine. For further information refer to the section of this guide relating to trauma informed approaches.
Some adults could be at risk of harm, neglect, self-harm or self-neglect where that would not otherwise have been the case. With people staying in unfamiliar settings, with possible language barriers, we might expect increased incidence across the spectrum of harm types. Increased isolation may contribute to increased risk for some individuals. In addition, disabled people or people with health conditions, including dementia, due to stigma, may not have been previously identified or recognised as having additional support needs. Individuals arriving may have been unseen by health or social work professionals, or not assessed or diagnosed when arriving from Ukraine into Scotland.
Risks of financial harm may be exacerbated for people arriving from Ukraine. This could be associated with the initiation of financial processes to access Universal Credit or other benefits; to open bank accounts; or to undertake other financial transactions. Arrivals from Ukraine could be targets for criminal activity such as doorstep crime and scams.
To reduce the risk of people becoming the victim of scams, any follow-up visits should reinforce the message that people arriving in the UK via Ukraine visas are entitled to the same free NHS and social work services as people ordinarily resident in Scotland.
Under no circumstances should people from Ukraine be asked to contribute money or services to their “hosts” (either living with them or separate) under the arrival schemes. There is a risk to children and adults of exploitation in the form unpaid or underpaid work. People arriving from Ukraine should not be undertaking household tasks on behalf of their hosts.
Exposure to online harm, including grooming, fraud and scams, is also a risk. As with the above financial harm risks, language barriers may increase the risk of individuals being the target of online harm. Arrivals from Ukraine are encouraged to access the Action Fraud website to identify ways to protect themselves.
Other harm including "cuckooing"
Services and staff should be alert to signs that individuals or groups are using the current crisis as an opportunity to harm people including, but not limited to, unlawfully and adversely affecting the adult’s property, rights or interests and sexual, physical and psychological harm. Cuckooing is a practice where people take over a person’s home and use the property to facilitate exploitation. The person is usually intimidated and too scared to report it to anyone. The risk of cuckooing may be exacerbated in situations where the arrivals from Ukraine are in accommodation without a host present.
All providers of adult social care or health care have a key role in keeping adults in their care safe. All providers who deliver health and social care services should ensure that people are not placed at risk of harm by delays in care, support or protection planning. All those providing support, and particularly those named in the 2007 Act, should ensure that staff, including volunteers, are adult protection aware in order that they can recognise harm, abuse or neglect, and respond appropriately.
Streamlined measures when engaging volunteers or those new to social care front line provision may be useful e.g. deployment of the Scottish Social Services Council (SSSC) Adult Support and Protection mobile application noted below. Consideration should be given by Adult Protection Committees and Health and Social Care Partnerships to the provision of Basic or Intermediate levels of Adult Support and Protection training for those involved in resettlement activity. This should promote awareness raising of adults at risk and referral pathways.
- Adult Support and Protection revised Code of Practice
- Act Against Harm Information and contact details to make referrals
The Adults with Incapacity (Scotland) Act 2000 provides a framework for safeguarding the welfare and managing the finances of adults (people aged 16 or over) who lack capacity due to mental illness, learning disability, dementia or a related condition, or an inability to communicate (this is not related to a language barrier).
If it is suspected that an adult lacks the ability to understand decisions regarding their welfare or finances – including where they are going to live on arrival from Ukraine – referral should be made to the local authority social work department.
The support and supervision of practitioners involved in safeguarding, regardless of role, is always important, but it is particularly so in these challenging times. Methods and models of supervision should also include consideration of how new, redeployed or retired staff will be made aware of adult support and protection, through adequate supervision and support. The Scottish Social Services Council (SSSC) mobile applications may provide some support in this regard (Apple version; Android version).
Staff support systems should be promoted to support the mental wellbeing of the workforce and mitigate any impact of working through challenging circumstances, some of which may be new to some staff, and should include recognition of the risk to staff of experiencing vicarious trauma. Some staff may experience isolation from their usual support networks if they have been redeployed to support with resettlement activity. Each area will have arrangements in place that can be adapted to support their workforce.
It is recognised that management support and direction may need to include new and innovative approaches, but partnerships should ensure that:
- agencies continue to take measures to ensure accountability for staff practice
- practice in individual casework, continues to be monitored and reflected on
- the wellbeing of staff is a constant feature of local management processes. There is a link in the references to the Scottish Wellbeing Hub, which staff and volunteers may find helpful
- staff are supported to access relevant training, including online learning, particularly when they are newly introduced to working with adults who may be at risk of harm. As noted in the references, the SSSC mobile application may offer an additional resource to support this
All practitioners involved in child and adult protection should ensure that whatever the urgency of each situation, they follow guidance on protecting their own health and wellbeing.
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