ASP referral process

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• Referrers should consider their own agency’s referral procedures and consult with their local council.
• All referrals, including anonymous referrals, should be taken seriously. Cases must be considered with an open mind without assuming that harm has, or has not, occurred.
• Referrals should be sent to the local authority where the adult is currently present (host authority).
• Where harm has occurred out with the host authority it is still the host authority’s responsibility to carry out all necessary inquiries. It is expected that the host authority will contact the local authority where the person normally resides to alert them to the adult protection referral.
• Following the initial inquiry both councils will enter into discussions on how best to take forward the adult protection referral.

Public agencies have a duty to report any suspected or actual harm to an adult at risk.  This should occur within 1 working day of the concerns being noted.

The 2007 Act and Code of Practice (2022) states that certain bodies and office holders must, so far as is consistent with the proper exercise of their functions, co-operate with a council making inquiries under Section 4 of the Act.

The bodies and office holders listed in Section 5 of the Act are:

• The Mental Welfare Commission for Scotland;
• Health Care Improvement Scotland
• The Care Inspectorate;
• Office of the Public Guardian;
• All Councils;
• Chief Constable of Police Scotland ;
• The relevant Health Board, and
• Any other public body or office-holder as the Scottish Ministers may by order specify. (Scottish Ministers have not specified any other bodies at the time of writing)

Where a named public body or office-holder knows or believes that a person is an adult at risk and action needs to be taken in order to protect that person from harm, then that public body or office-holder must report the facts and circumstances of the case to the council for the area where they believe the person to be located. Staff should also be clear who they have a duty to report to within their own organisations.

• Referrers should consider their own agency’s referral procedures and consult with their local council.

• All referrals, including anonymous referrals, should be taken seriously. Cases must be considered with an open mind without assuming that harm has, or has not, occurred.

• Referrals should be sent to the local authority where the adult is currently present (host authority). 

• Where harm has occurred out with the host authority it is still the host authority’s responsibility to carry out all necessary inquiries. It is expected that the host authority will contact the local authority where the person normally resides to alert them to the adult protection referral.

• Following the initial inquiry without investigative actions, both councils will enter into discussions on how best to take forward the adult protection referral.

Whilst the 2007 Act does not give voluntary and private sector providers the same duty of cooperation, the Code of Practice (2022) states:

‘While independent organisations do not have specific legal duties or powers under the Act, care providers have a responsibility to involve themselves with the Act where appropriate by making referrals, assisting inquiries and through the provision of services to assist people at risk of harm. These organisations should discuss and share with relevant statutory agencies information they may have about adults who may be at risk of harm. These providers and other service provider and user and carer groups may also be a source of advice and expertise for statutory agencies working with adults with disabilities, communication difficulties or other needs. Organisations will have a legal duty to comply with requests for examination of records. Councils may wish to review their contract agreements with the independent and third sector providers to ensure that their services are consistent with the principles of this Act.’ 

Legislation allows information to be shared in specific circumstances and agency procedures should be clear on the procedures to follow where adult [or child] protection concerns have been identified.

Voluntary and Private sector agencies in the West of Scotland area are expected to report adult protection concerns within the same timescales as public bodies i.e. referrals should be made within 1 working day using the referral process. The organisation should also notify the Care Inspectorate and their council’s contracts/commissioning section.

If a person is in immediate danger contact emergency services on 999, particularly if an adult at risk appears to be in immediate need of medical attention or if there is evidence of physical or sexual harm:

• Report to the Police if you suspect a criminal act has taken place or is likely to take place
• Staff must be aware of the need to preserve evidence
• Staff should not put themselves at risk
• Follow up contact should be made with the Health and Social Care Partnership and an Adult Support and Protection referral form submitted within one working day.

Uncertainty about consent and capacity should not prevent the provision of urgent medical assistance or contact with the police.  For all non-emergency inquires contact Police Scotland on 101.