Definitions: harm, serious harm

Section 53 of the 2007 Adult Support and Protection (Scotland) Act states harm includes all harmful conduct and, in particular includes:

· conduct which causes physical harm,

· conduct which causes psychological harm (for example by causing fear, alarm or distress),

· unlawful conduct which appropriates or adversely affects property, rights or interests (for example theft, fraud, embezzlement or extortion),

· conduct which causes self-harm.

Section 3(2) makes clear that an adult is at risk of harm if:

· another person's conduct is causing (or is likely to cause) the adult to be harmed, or

· the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm.

No category of harm is excluded. The Act encompasses all types of harm.

There is no definition of ‘serious harm’ provided in the 2007 Act. Serious harm is the threshold that justifies compulsory intervention in an adult’s life by the state. This can be a one off traumatic incident or event but it could also be a number of single events or a build-up of concerns over a period of time.

What constitutes serious harm will be different for different adults and is not defined in the Act. When assessing harm, areas that require to be taken into consideration are:

· Impact of harm on the adult’s physical or mental health.

· Injuries which are severe and/or life threatening.

· The adult’s perception.

· Level of risk.

· The need for urgent action.

· The frequency, consistency and severity of harm.

· The intent of the perpetrator.

· History of harm.

· The probable consequences of non-intervention.

A council may apply to the Sheriff for one of the available Protection Orders (i.e. Assessment Order, Removal Order or Banning Order). The Sheriff may grant an order only if satisfied, amongst other things, that the person in respect of whom the order is sought is an adult at risk who is being, or is likely to be, seriously harmed.