Adult Support and Protection in Scotland: Safeguarding an Elderly Parent
Adult Support and Protection in Scotland: Safeguarding an Elderly Parent
If you suspect your parent with dementia is being neglected, financially exploited, or harmed — whether at home, in a care home, or by someone they trust — Scotland has specific legal protections designed to intervene.
The Adult Support and Protection (Scotland) Act 2007 gives councils a duty to investigate when an adult is at risk of harm. Understanding how the system works helps you act quickly when something feels wrong.
The Three-Point Test
A council's duty to investigate is triggered when an adult meets all three of the following criteria:
- Unable to safeguard their own wellbeing, property, rights, or interests — a parent with moderate to advanced dementia almost always meets this threshold
- At risk of harm — this includes physical harm, financial abuse, neglect, self-neglect, sexual harm, and psychological harm
- Affected by disability, mental disorder, illness, or physical or mental infirmity — a dementia diagnosis meets this criterion
If all three are met, the council must make inquiries. This is not discretionary — it is a legal duty.
What Counts as Harm
Harm is broadly defined under the Act. In the context of dementia care, common scenarios include:
- Care home neglect: poor nutrition, untreated pressure sores, medication errors, inadequate supervision
- Financial abuse: someone accessing your parent's bank accounts, pressuring them into changing their will, or misusing a Power of Attorney
- Self-neglect: your parent living in unsafe conditions at home, refusing food, or creating fire hazards
- Psychological harm: deliberate isolation, threatening behaviour, or controlling conduct by a carer or family member
How to Report Concerns
Contact your local council's social work department directly. You can also report concerns to:
- Police Scotland (dial 101 for non-emergencies, 999 for immediate danger)
- The Care Inspectorate (for concerns about a registered care service)
- Your parent's GP or hospital team
You do not need evidence to make a referral — a reasonable concern is enough. The council will investigate and decide whether formal adult protection procedures are needed.
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Council Powers
If the council's investigation confirms your parent is at risk, it can apply to the Sheriff Court for:
- An Assessment Order: allows the council to take your parent to a place of safety for a detailed assessment (up to 7 days)
- A Removal Order: allows the council to remove your parent from a harmful situation (up to 7 days)
- A Banning Order: bans a specific person from your parent's home or from contacting them (up to 6 months)
These orders are used in serious cases. More commonly, the council works with the family and care providers to put protective measures in place without going to court.
Capacity and Consent
The Act applies regardless of whether your parent has mental capacity. Even if your parent has capacity and is refusing help, the council can still investigate and offer support — though it cannot force intervention on a capable adult who declines it.
For a parent who lacks capacity, the council can act in their best interests, following the principles of the Adults with Incapacity Act 2000.
For guidance on documenting concerns, reporting procedures, and care home complaints, see our Scotland Dementia Care Guide.
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