People who are eligible for support will be over the age of 16 years who, as a result of a mental disorder, appear to the police to be unable to understand sufficiently what is happening or communicate effectively. AA support can be provided for those who are officially and not officially accused, victims and witnesses.

Statutory duties for Appropriate Adult services are set out in Section 42 and, Section 98 to 106 of the Criminal Justice (Scotland) Act 2016 and, Appropriate Adults: Guidance for Local Authorities (2020). These confirm that:  

• The council has duties to provide AA services in their area and, to provide training and development for Appropriate Adults. 

• Police Scotland has a duty to identify whether an adult requires AA support and, to make a request/referral to the council.

• The Care Inspectorate has the duty to assess the quality of AA Services.   

Our Appropriate Adults service is well established and operational throughout both business hours and out of hours. Currently, there are approximately 40 employees trained to perform the AA role whilst balancing the day-to-day commitments across our services, for example social work, Residential Services for Children and Locality Support Services.  

Where AA requests are made through the police to the council in an ‘out of hours’ basis, these are managed and delivered by colleagues within Social Work Emergency Services (SWES).  

Our primary source of referrals is from Police Scotland, however, is not limited solely to Police Scotland. The legislation also applies to: 

• Police Investigations and Review Commissioner (PIRC) 
• Ministry of the Defence Police 
• British Transport Police 
• Civil Nuclear Constabulary 
• Immigration officers 
• Designated customs officials  
• Officers of Revenue and Customs   

In Scotland, there is currently no statutory duty to provide an AA for vulnerable adults in court.  

During initial contact, the police will assess the adult to determine their communication and understanding needs and make a referral where required. AAs will not be provided for an adult who has been impaired solely due to the influence of drugs or alcohol but owing to a mental disorder.  

The meaning of ‘mental disorder’ is taken from Section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and includes mental illness, personality disorder and learning disability, however caused or manifested. Moreover, an adult wouldn’t necessarily require an AA solely because they required this previously, as it is understood that mental impairment can be variable.  

As aforementioned, police colleagues have the legal duty to request an AA therefore, it is only they who can make the referral to the AA Service. The adult, their family/carer or worker however can advise police that an AA may be required.