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The 2003 Act defines mental disorders as any mental illness, personality disorder or learning disability, however caused or manifested for people who have a mental disorder. 

Section 33 of the Act places a duty on the local authority to make inquiries where it appears that a person aged 16 or over in their area has a mental disorder and: 

• The person may be or may have been subject or exposed to ill-treatment; neglect; or some other deficiency in care or treatment 

or 

• the person’s property may be suffering or have suffered loss or damage; or may be at risk of loss or damage  

or 

• the person may be living alone or without care and unable to look after themselves or their property or financial affairs 

or 

• because of the mental disorder the safety or some other person may be at risk.

The Social Work (Scotland Act 1968 (as amended by the NHS and Community Care Act 1990 and the Community care and Health (Scotland) Act 2002) click here

The Act identifies a general duty to assess needs in relation to the provision of community care services and to give carers a right to have their needs assessed by the Council.  It is expected that wherever possible intervention will take place under the Social Work (Scotland) 1968 as amended or will revert to this legislation whenever practicable.