Adult support & protection

NHS Ayrshire & Arran guidelines
NHS Ayrshire and Arran

The Adult Support and Protection (Scotland) Act 2007 is designed to protect those adults who are at risk of harm, are unable to safeguard their own well-being, property, rights or other interests and are more vulnerable to harm because they are affected by:

  • disability
  • mental disorder
  • illness
  • physical or mental infirmity

This is often referred to as the 3-point criteria. Thankfully most adults who experience significant health conditions and/or disabilities live their lives free from harm. However, adults who are unable to protect themselves from harm may need support from others to be safe and protected from harm.

Adult support and protection: a quick referral guide

The Adult Support and Protection (Scotland) Act 2007 was introduced to support and protect adults (individuals, aged 16 years or over) at risk of harm. There are three elements that define an adult at risk of harm, an adult who:

  • Is unable to safeguard their own wellbeing, property, rights or other interests
  • Is at risk of harm; and
  • Is more at risk because they are affected by disability, mental disorder, illness or physical or mental infirmity.

This is known as the 3 point criteria.

Please remember that the capacity of the adult to be aware of, or understand the harm does not prevent referral. Evidence is not necessary for referral; suspicion or belief that harm is happening is enough for an adult to be referred. And consent from the adult (including carer/family member) for referral is desirable, but not a necessity (however if possible the adult should be made aware that a referral will be completed)

NHS A&A ASP advice and support

Adult harm can be complex and balancing the rights of the adult to autonomous choice and their right to protection can be challenging.

As a health professional you can access expert professional support via the Public Protection advice and support service. This service is available Monday to Friday 9am-5pm on 01292 513686.

As registered nurses the public protection advisors have a wealth of health and expert ASP knowledge and will be happy to assist.

The team can also support email queries where the concern is not time sensitive:
aa.clinicalASPhealth@aapct.scot.nhs.uk

Should your concern be out of hours please phone call 0800 328 7758.

How to make an ASP referral in 3 steps

If a professional knows or suspects that an adult may be at risk of harm a referral to social work should be made within 24hours. This form can be found on Athena ASP (only available on intranet) (also Appendix 3)

  1. Identifying harm – if you are worried about an adult and think they may need help to stay safe think ASP. Tell the adult you are worried and use your professional judgement to assess if any there is any risk.
  2. Completing the ASP Form – to share your concern please complete an ASP referral form as fully as possible and to the best of your knowledge. Remember to identify the harm and the risk that you are concerned about.
  3. Sending the form - send the form via email to the social work area where the adult usually resides and copy in the ASP Health team. The email addresses are on the back of the form. The public protection health team will upload a copy of the referral to the adults health records on additional electronic patient recording systems: aa.clinicalASPhealth@aapct.scot.nhs.uk

For further information

Scottish Government. Adult Support and Protection: Guidance for GPs and Primary Care Teams 2021.

Scottish Government. Adult Support and Protection: Updated Code of Practice 2022.