The Adult Support And Protection (Scotland) Act 2007 part 1: guidance for adult protection committees

Adult Protection Committees

6. Section 42 of the Act states that:

(1) Each council must establish a committee (an "Adult Protection Committee") with the following functions-

(a) to keep under review the procedures and practices of the public bodies and office-holders to which this section applies which relate to the safeguarding of adults at risk present in the council's area (including, in particular, any such procedures and practices which involve co-operation between the council and other public bodies or office-holders to which this section applies),

(b) to give information or advice, or make proposals, to any public body and office-holder to which this section applies on the exercise of functions which relate to the safeguarding of adults at risk present in the council's area,

(c) to make, or assist in or encourage the making of, arrangements for improving the skills and knowledge of officers or employees of the public bodies and office-holders to which this section applies who have responsibilities relating to the safeguarding of adults at risk present in the council's area,

(d) any other function relating to the safeguarding of adults at risk as the Scottish Ministers may by order specify.

(2) In performing its functions, an Adult Protection Committee must have regard to the desirability of improving co-operation between each of the public bodies and office-holders to which this section applies for the purpose of assisting those bodies and office-holders to perform functions in order to safeguard adults at risk present in the council's area.

(3) The public bodies and office-holders to which this section applies are-

(a) the council,

(b) the Care Inspectorate,

(c) Healthcare Improvement Scotland (HIS),

(d) the relevant Health Board,

(e) the chief constable's representative for the relevant area, in practice this is usually the Divisional Commander,

(f) any other public body or office-holder as the Scottish Ministers may by order specify.

7. It is important to note that the terms of the Act are such that it is only the public bodies referenced above that are covered by the duties of the APC in terms of reviewing procedures and practice, giving advice or making proposals, and improving skills and knowledge.

8. Adult Protection Committees have been statutorily assigned the lead role for overseeing cooperation and communication between agencies to promote appropriate support and protection for adults at risk of harm. Their functions are laid out in section 42 of the Act as outlined above.

9. The annex to this guidance provides a summary of the wider and more operational provisions of the Act.