Adult protection in Scotland in 1857 and in 2015: what have we learned?
| Pages | 96-108 |
| Published date | 11 April 2016 |
| Date | 11 April 2016 |
| DOI | https://doi.org/10.1108/JAP-09-2015-0025 |
| Author | Martin Campbell |
| Subject Matter | Health & social care,Vulnerable groups,Adult protection |
Adult protection in Scotland in 1857 and
in 2015: what have we learned?
Martin Campbell
Martin Campbell is Senior
Lecturer and Pro-Dean of
Science at the School of
Psychology and
Neuroscience, University of
St Andrews, Fife, UK.
Abstract
Purpose –The purpose of this paper is to compare recent developments in adult protection legislation,
policy and practice in Scotland in 2015 with the first attempts at protection of adults at risk of harm, in
1857-1862, with a particular focus on people with learning disabilities.
Design/methodology/approach –The paper uses comparative historical research, drawing on primary
archive material from 1857 to 1862 in the form of Annual Reports of the General Board of Commissioners in
Lunacy for Scotland and associated papers.
Findings –Growing public awareness of the extent of neglect and abuse, and the need for overarching
legislation were common factors in the development of both the “The Lunacy Act”of 1857 and the Adult
Support and Protection (Scotland) Act of 2007. Both pieces of legislation also had the common aim of
“asylum”, and shared some other objectives.
Practical implications –Total prevention of abuse of vulnerable adults is an aspiration in law and in
policy. There is an evidence base of effectiveness, however, in protecting adults at risk of harm from abuse.
Some ecological factors recur as challenges to effective safeguarding activity. These include problems of
definition, uncovering abuse, enforcing legislation, evaluating impact and protection of people who are not a
risk of harm to others.
Originality/value –This paper compares common themes and common challenges in two separate
time periods to investigate what can be learned about the development of legislation and practice in
adult protection.
Keywords Mental health, Legislation, Safeguarding, Historical research, Learning/intellectual disabilities,
Adult protection
Paper type Conceptual paper
Introduction
This paper will discuss the following questions:
■What lessons can be learned from first attempts to regulate care for adults at risk of harm
in Scotland?
■What are the common themes and recurring challenges of adult protection across the two
time periods?
Background to the legislation
Scotland has developed overarching legislation for the protection of adults at risk of harm. This is
built on existing legislation, filling gaps relevant to adult safeguarding to make provisions that
overcome the acknowledged failings (Campbell et al., 2012).
Received 16 September 2015
Revised 15 January 2016
9 February 2016
Accepted 10 February 2016
The research was funded by the
Carnegie Foundation in Scotland.
PAG E 96
j
THE JOURNAL OF ADULT PROTECTION
j
VOL. 18 NO. 2 2016, pp. 96-108, © Emerald Group Publishing Limited, ISSN 1466-8203 DOI 10.1108/JAP-09-2015-0025
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