Adult Support and Protection (Scotland) Act 2007: reflections on developing practice and present day challenges

Date14 August 2017
Published date14 August 2017
DOIhttps://doi.org/10.1108/JAP-04-2017-0017
Pages187-198
AuthorKathryn Mackay,Mary Notman
Subject MatterHealth & social care,Vulnerable groups,Adult protection,Safeguarding,Sociology,Sociology of the family,Abuse
Act 2007: reflections on developing
practice and present day challenges
Kathryn Mackay and Mary Notman
Abstract
Purpose The purpose of this paper is to outline the duties and powers of the Adult Support and Protection
(Scotland) Act (ASPSA) 2007 and place them in the wider Scottish adult protection legislative framework.
It considers the potential value of a standalone adult safeguarding statute.
Design/methodology/approach The authorsdraw upon their researchand practice expertise to consider
the meritsof the ASPSA 2007. They take a casestudy approach to explore its implementation in oneparticular
Scottish local authority, drawing on thequalitative and quantitative data contained in its annual reports.
Findings Skilled, knowledgeable and well-supported practitioners are key to effective screening,
investigationsand intervention. Protectionorders are being used as intendedfor a very small number of cases.
Research limitations/implications The lack of national statistical reports means that there is limited
scope for comparison between the local and national data.
Practical implications Adult support and protection requires ongoing investment of time and leadership
in councils and other local agencies to instigate and maintain good practice. Aspects that require further
attention are self-neglect; capacity and consent and residents in care homes who pose potential risks to
other residents and staff.
Social implications ASPSA 2007 has helped to raise awareness of adults at risk of harm within the local
communities and as social issue more generally.
Originality/value The authors provide a critical appraisal of the implementation of Scottish adult
safeguarding legislation over the last six years. They consider similar developments in England and Wales and
argue for comparative research to test these out. Finally, they signpost future directions for bridging separate
policy streams.
Keywords Case study, Scotland, Safeguarding, Protection orders, Legal, Adult support and protection,
Capacity, Inter-agency collaboration
Paper type General review
Introduction
The Adult Support and Protection (Scotland) Act (ASPSA) 2007 has been in operation since
October 2008. It was part of a sustained period of health and social welfare law reform after
the restoration of the Scottish Parliament in 1999. The ASPSA established a definition of an
adult at risk of harm; modernised and extended powers of inquiry and access; and created
assessment, removal and banning orders, collectively known as protection orders.
The ASPSAs distinctiveness can be explained by the relatively greater degree of autonomy,
compared to Wales. S cotland has a differ ent legal framewor k based on Scots Law; it s own
Law Commission; and prior to 1999 it had devolved legal responsibility for social work and
mental health, along with other welfare legislative areas such as housing and education.
This paper starts by p roviding an overview of the ASPSA : its rationale and its main powers a nd
duties. It then pr esents a case study o f how ASPSA practic e has developed in one local
authority. The paper concludes with a critical reflection on what the ASPSA has achieved so
far, and the perceiv ed policy and practic e priorities to be take n forward.
Received 4 April 2017
Revised 24 May 2017
7June2017
Accepted 10 June 2017
Kathryn Mackay is based at the
University of Stirling, Stirling, UK.
Mary Notman is based at Perth
and Kinross Council, Perth, UK.
DOI 10.1108/JAP-04-2017-0017 VOL. 19 NO. 4 2017, pp. 187-198, © Emerald Publishing Limited, ISSN 1466-8203
j
THE JOURNAL OF ADULT PROTECTION
j
PAG E 18 7

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