Adults at risk
The Adult Support and Protection (Scotland) Act, 2007 defines an adult at risk as a person aged 16 or over who:
- Is unable to safeguard their own well-being, property, rights or other interests
- Is at risk of harm; and
- Because they are affected by disability, mental disorder, illness or physical or mental infirmity, is more vulnerable to being harmed than adults who are not so affected.
This is commonly known as the three-point test. For an adult to be at risk in terms of the Adult Support and Protection (Scotland) Act, 2007, the adult must meet all three points above.
It should be noted that the three criteria above make no reference to capacity. Capacity is not, and never should be a consideration in the three-point test.
In practice, this means that the following groups of people may sometimes be at risk of harm:
- People with learning disabilities, physical disabilities, autism, ADHD or mental health difficulties
- Older people
- Those who are homeless or affected by addictions