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Adult Support and Protection (Scotland) Act 2007

Assessment orders

Section 11 – Assessment orders

18.This section allows a council to make an application to a sheriff for an assessment order to allow a council officer to conduct a private interview or a health professional to conduct a private medical examination. Such orders will be valid for up to 7 days. An assessment order would only be necessary where it was not possible to carry out a private interview or medical examination within the place being visited under section 7 (see section 13). Applications can only be made where this action is required to establish whether the person is an adult at risk, and if so, to establish whether further action is required to protect them from harm.

Section 12 – Criteria for granting assessment orders

19.This section prescribes the circumstances in which a sheriff may grant an assessment order. The sheriff must be satisfied that the council has reasonable cause to suspect the subject of the order is an adult at risk who is being, or is likely to be, seriously harmed and that an order is necessary to establish this. He or she must also be satisfied as to the availability and suitability of the place at which the person is to be interviewed and examined.

Section 13 – Restriction on exercise of assessment order

20.This section states that an assessment order must only be used in those circumstances where it is not possible for the adult at risk to either be interviewed or medically examined during the course of a visit.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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