Definitions

The Care Act 2014 guidance provides the following definition of adult safeguarding:

‘Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear, or unrealistic about their personal circumstances'.

The Mental Capacity Act 2005 starts with the presumption that, from the age of 16, we can make our own decisions – including about our safety and when and how services intervene in our lives. People must be assumed to have the capacity to make their own decisions and be given all practical help to make a specific decision before anyone treats them as not being able to make their own specific decision. Where an adult is found to lack capacity to make a decision then any action taken, or any decision made on their behalf must be made in their best interest.

A generally accepted definition of an ‘adult at risk’ or a ‘protected person in Scotland’ is: ‘An adult aged 18 years or over ‘who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’ (DH,2000).

An adult at risk may be a person who:

• Is elderly and frail due to ill health, physical disability, or cognitive impairment.
• Has a learning disability.
• Has a physical disability and / or sensory impairment.
• Has mental health needs including dementia or a personality disorder.
• Has a long-term illness / condition.
• Suffer from drug or alcohol problems.
• Is a carer, such as a family member / friend who provides personal assistance and care to adults and is subject to abuse.
• Is unable to demonstrate the capacity to make a decision and is in need of care and support.