Definitions

The Adult Support and Protection (Scotland) Act 2007 (ASPSA) provides a three-part definition of an ‘adult at risk’. All three parts must be met to come under ASPSA. The definitions used are:

Adults at risk are adults (aged 16 and above) who;

• Are unable to safeguard their own well-being, property, rights or other interests
• Are at risk of harm, and
• Because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed that adults who are not so affected

An adult is at risk of harm for the purposes of the subsection (1) if;

• Another person’s conduct is causing (or is likely to cause) the adults to be harmed or
• The adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm

The UK Equality Act 2010 constructs disability as a

‘physical or mental impairment and the impairment having a substantial and long term adverse effect on his or her ability to carry out normal day to day activities.’