This service is managed by Health and Community Care
Policy and procedure
Every adult has the right to be safe and protected from abuse, neglect, and exploitation. All health, social care, and voluntary sector staff have a duty to report concerns, with a focus on prevention and empowering individuals.
The Committee
Chaired by an Independent Convener, with members from Orkney Islands Council, NHS Orkney, Northern Constabulary, Procurator Fiscal Service, Voluntary Action Orkney, and the Care Inspectorate. The committee works closely with Child Protection, MAPPA, Housing Services, and Domestic Abuse services.
Types of Harm
The 2007 Act uses "harm" rather than "abuse," covering neglect, financial, psychological, physical, sexual, discriminatory, human rights, and information harm, as well as self-harm. Harm can happen anywhere, deliberately or through negligence.
Who Is an "Adult at Risk"?
Someone aged 16 or over who meets all three of the following:
- Can't safeguard their own wellbeing, property, rights, or interests
- Is at risk of harm
- Is more vulnerable to that harm due to disability, mental disorder, illness, or frailty
Signs of Harm
Always take seriously what the adult or someone close to them says. Other signs include unexplained injuries, inconsistent explanations from carers, fear of another person, unexplained weight loss, sudden confusion, financial difficulties, changes in mood or behaviour, or missing documents.
Legal Framework
- Adult Support and Protection (Scotland) Act 2007: duty on councils to investigate; introduces Assessment, Removal, and Banning orders through the Sheriff Court
- Adults with Incapacity (Scotland) Act 2000: allows decisions for those who can't make them, with the least restrictive intervention
- Mental Health (Care and Treatment) (Scotland) Act 2003: protects people with mental disorders and gives them the right to independent advocacy
Capacity and Consent
Capacity must be assessed for each specific decision; a person may have capacity in some areas but not others. Consent is needed for interviews, medical exams, and protection orders, unless undue pressure is involved. If an adult chooses to remain in a harmful situation, record this and continue monitoring. Where capacity is in doubt, refer to a GP promptly without delaying urgent action.
Support
Independent advocacy should be considered from the start of any investigation. Support should also be considered for family members, staff involved, and even the person who caused the harm.
What Adults and Carers Can Expect
- Trained staff and services compliant with legislation
- Sensitive handling of concerns and full involvement in assessments
- A support and protection plan where needed, with regular review
- Confidentiality upheld and access to complaints procedures
Key Tensions
- Duty to report: always report concerns; failing to do so breaches duty of care
- Rights and self-determination: protection shouldn't override the right to choose, but undue pressure may justify action without consent
- Confidentiality: never promise confidentiality where there's a duty to report
- Risk taking: balance protection with respecting an adult's right to make their own choices
- Restraint and medication: always understand the cause of challenging behaviour; any restraint or covert medication must be recorded and justified
- Allegations against staff: adult protection procedures take priority over HR processes; police must be involved where a crime may have occurred