Dictation Adult Support and Protection Act 2007: FOI release

Information requested

Any information that the Scottish Government holds on what was in mind when producing this legislation: ‘Adult Support and Protection Act 2007, Section 36 2b - Authorisation to visit an address’, as to what kind of authorisation would be required when a council officer arrives at a property. What should someone expect to see?

Response

The Adult Support and Protection (Scotland) Act 2007 Code of Practice (revised July 2022) sets out the authorisation that would be required when a council officer arrives at a property. This provides detailed information on the investigative powers used during inquiries, including when a council officer may visit.

The revised Code of Practise also sets out what individuals would expect to see at visits with particular regard to the council officer and anyone supporting the council officer. The individual can also request to see evidence of the authorisation for the visit and evidence of their professional identifications.

This information is set out at page 54:

What evidence must a council officer produce?

A council officer must:

• state the object of the visit; and
• produce evidence of the officer’s authorisation to visit the place.

It is recommended that anyone supporting the Council Officer on a visit provide evidence of their professional identification, to ensure that the adult is fully aware of the identity of each individual attending for adult support and protection purposes. There is an obligation to be clear that the purpose of the visit is to investigate a suspected risk of harm. Wherever possible, other people in the household should also be offered an explanation as to what is happening and why, without breaching the adult’s right to confidentiality. 

Every effort should be made to ensure that any information provided is in an appropriate form that the adult, or other person present, can understand.

I have also attached a copy of a SPICe (Scottish Parliament Information Centre) briefing which was published in April 2006. The briefing provides background information on the policy intention behind the proposals in the Adult Support and Protection (Scotland) Bill, including those which went on to become section 32 of the Adult Support and Protection (Scotland) Act 2007. I would direct your attention to pages 19 and 20 in particular for a discussion on investigations and inquiries by local authorities. Please note that the numbering of the sections referred to in this briefing may not correspond exactly with the sections as they eventually appeared in the Act.

The following information may also be of assistance:

• The Adult Support and Protection (Scotland) Act 2007: A short introduction to Part 1 of the Act (www.gov.scot) provides a brief summary of the provisions of Part 1 of the Act.
• The Explanatory Notes for section 36 are intended to supplement the legislation by explaining the purpose of said section.

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FOI - 202400399796 - Information released - Annex A

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