People arriving from Ukraine - risk and need: public protection guidance

Guidance for all practitioners involved in safeguarding of children and adults who are arriving in Scotland from Ukraine to identify and respond to risk and need.

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The Adult Support and Protection (Scotland) Act 2007 is the legislation that underpins the identification and protection of adults assessed as “at risk of harm” in Scotland. The 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 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).

Assessments of need are local authority duties under Section 23-24 of the Children (Scotland) Act 1995; and Section 12 of the Social Work (Scotland) Act 1968 respectively. 

Local authorities safeguard and promote the welfare of children in their area in need by providing a range and level of services appropriate to the children’s needs are local authority duties under Section 22 of The Children (Scotland) Act 1995.

The provision of care, protection and accommodation in Scotland for Unaccompanied Children is outlined in the Children (Scotland) Act 1995 which applies in relation to looked after children and care leavers in Scotland. Unaccompanied children from Ukraine will become looked after children, subject to Section 25 of the 1995 Act.  Local authorities will therefore have responsibilities to safeguard and promote the welfare of these children, as further specified in Section 17 of the 1995 Act.

Framework for Mental Health in Scotland is primarily contained in the Mental Health (Care and Treatment) (Scotland) Act 2003 and Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice

The Rights of People with disabilities are protected by the UN Convention on the Rights of Persons with Disabilities (UNCRPD).  Additionally, “Disability” is a “Protected Characteristic” under the Equalities Act 2010.



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