Download - Scottish Head Injury Foundation 25.03.11 Adult Support & Protection: Ensuring Rights & Preventing Harm Adult Support and Protection

Scottish Head Injury Foundation

25.03.11

Adult Support & Protection: Ensuring Rights & Preventing Harm

Adult Support and Protection


Who is an adult at risk?

Adults at Risk

The Adult Support and Protection (Scotland) Act 2007 provides a legal definition of an Adult at Risk.

It defines Adults at Risk, through a three-point test, as adults, aged 16 years or over, who:

1. are unable to safeguard their own well-being, property, rights or other interests;

2. are at risk of harm; and

3. 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.

All 3 conditions must be met to meet the definition of Adult at Risk


Human Rights Act 1998 - Convention of Rights

The Act Sets out that people have the right to:• Life• Liberty & Safety• Respect for Private & Family Life• Marry and Found a Family• Education• Protection of Property• Free Elections• A Fair Trial• Freedom of Thought• Conscience & Religion• Expression• Assembly & Association

3 Categories of Rights

According to the Human Rights Act 1998, it is unlawful for any public authorities, which include voluntary and private bodies which

undertake public functions, to act in a manner which is incompatible with rights

guaranteed in the European Convention on Human Rights


Human Rights Act 1998 - Convention of Rights

Absolute Rights

Rights which cannot be interfered with under any circumstances. i.e. they cannot be balanced against any public interest:

• Article 2 - Right to Life

• Article 3 - Prohibition of torture or to inhuman or degrading treatment or punishment

• Article 4 - Prohibition of slavery and forced labour

• Article 7 - No punishment without law

• Protocol 1, Article 3 - Right to free elections


Human Rights Act 1998 - Convention of Rights Limited Rights

Rights which are subject to predetermined exceptions:

• Article 5 - Right to liberty and security

• Article 6 - Right to a fair trial

• Article 12 - Right to marry


Human Rights Act 1998 - Convention of Rights Qualified Rights

Rights which can be interfered with where there is a legitimate aim and the interference is proportionate:

• Article 8 - Right to respect for private and family life

• Article 9 - Freedom of thought, conscience and religion

• Article 10 - Freedom of expression

• Article 11 - Freedom of assembly and association

• Protocol 1, Article 1 - Protection of property

• Protocol 1, Article 2 - Right to education



Types and Patterns of Harm

What is harm?

Harm includes all harmful conduct and, in particular includes: -

conduct which causes physical harm

conduct which causes 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

Adult Support and Protection (Scotland) Act 2007


Types of harm

Physical Harm: this can include hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions

Sexual Harm: this can include rape and sexual assault or sexual acts to which the vulnerable adult has not consented, could not consent or was pressured into consenting

Psychological Harm: this can include emotional harm, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal harm, isolation or withdrawal from services or supportive networks


Types of harm

Harm caused by Financial, Material or Property Abuse: this can include theft, fraud, exploitation, pressure in connection with wills, property,

inheritance, financial transactions, or the misuse or misappropriation of property, possessions or benefits

Harm through Neglect and Acts of Omission: this can include ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition or heating


Types of harm

Harm through Discrimination: actions (or omissions) and / or remarks of a prejudicial nature focusing on a person’s age, gender, disability, race, colour, sexual or religious orientation

Harm through Information Misuse: for example, failure to adhere to the relevant ‘Data Protection Act’ guidance, failure to provide adequate and appropriate information about Complaints / Customer Services procedures etc.

Institutional Harm: for example when an institution or organisation is run for the ease and benefit of the institution and not for the benefit of the clients/patients.

Harm through denial of Human Rights: this can include denial of an understanding of Criminal Justice processes or a fair hearing


Types of harm

Self Harm: This is when an individual engages, knowingly or unknowingly, in any behaviour or activity that, directly or indirectly, can cause

harm/serious harm to their physical, psychological or social well-being.Self-harm is a broad term and is seen as a way of expressing very deepdistress. People may injure or poison themselves by scratching, cutting or burning their skin, by hitting themselves against objects, taking a drug

overdose or swallowing or putting other things inside themselves. Less obvious forms are staying in an abusive relationship, developing an eating problem (anorexia or bulimia), being addicted to alcohol or drugs, or simply not looking after their own emotional or physical needs.

(Paraphrased from a definition of Self Harm by Mind (National Associationfor Mental Health).


Patterns of harm

Patterns of harm vary and reflect very different dynamics. These include:

Neglect of a person’s needs because those around him or her are not able to be responsible for the person’s care or with deliberate intent;

Situational harm which arises because pressures have built up and/or because of difficult or challenging behaviour;

Long term harm in the context of an ongoing family relationships e.g. between siblings, generations;

Unacceptable ‘treatments’ or programmes which include sanctions or punishment such as withholding of food & drink, seclusion, unnecessary or unauthorised use of control & restraint;


Patterns of harm

Opportunistic harm such as theft occurring because money has been left around;

Institutional harm which features poor care standards, lack of positive responses to complex needs, rigid routines, inadequate staffing and an insufficient knowledge base within the service;

Serial abusing in which the perpetrator seeks out and ‘grooms’ vulnerable individuals. Sexual harm usually falls into this pattern as do some forms of financial harm.

Department of Health: No Secrets (2000)


People who are harmed

People who are harmed very often have or are:

Socially isolated

Communication difficulties

Impaired intellect, memory or physical function

Behavioural problems

History of poor quality long term relationships

Pattern of family violence


Who may be the person causing the harm?

Anyone

member of staff or management any professional volunteer another service user another adult at risk spouse, relative, friend formal or informal carer neighbour, member of the public or stranger



Legislation to help Support and Protect

The Adult Support & Protection (Scotland) Act 2007

The purpose of the Act is:

To provide ways in which protection can be offered to people with disability and illness, where the disability and illness affect the person’s ability to protect themselves from harm and/or abuse.

Intention of this legislation is to provide the means to intervene & prevent harm continuing – consistently!

To put in place strengthened measures to give greater protection for those at risk from harm

To improve interagency cooperation and promotion of good interdisciplinary practice


General Principles of Adult Support and Protection

(Scotland) Act 2007

Section 1 o intervention must provide benefit to the adult

o actions should be most supportive & least restrictive

Section 2 – must have regard too wishes of adult, nearest relative, carer, guardian

o importance of adult’s participationo adult must not be treated less favourablyo adult’s abilities, background and characteristics


Roles & Responsibilities

Under the Act Councils have a Duty to:

make inquiries about a person’s well-being, property or financial affairs if

they know or believe that the person is an adult at risk and that they

might need to intervene to take protective action.


Roles & Responsibilities

The Act also sets out Duties of Co-operation for certain public bodies

and their office-holders: Councils; NHS Boards; the Police; the Care

Commission; the Mental Welfare Commission; and the (Office of)

Public Guardian.

Members and staff of all of these bodies have a duty to:

report the facts and circumstances to the local council when they know or believe that someone is an adult at risk and that action is needed to protect that adult from harm;

cooperate with the Council and each other to enable or assist the council making inquiries.


Download - Scottish Head Injury Foundation 25.03.11 Adult Support & Protection: Ensuring Rights & Preventing Harm Adult Support and Protection

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