Under consideration PE2212: Conduct a national review of local authority safeguarding and equality compliance frameworks
Calling on the Scottish Parliament to urge the Scottish Government to commission a national review into the misapplication of Unacceptable Actions Policies (UCAP) across local authorities and their impact on safeguarding and equality compliance. Such a review should consider whether there is a need to:
a) develop statutory guidance clarifying the interface between the Adult Support and Protection (Scotland) Act 2007 (ASPA 2007) and local authority complaints or behavioural policies;
b) strengthen enforcement powers for the Scottish Public Services Ombudsman (SPSO) and/or create an independent Safeguarding and Equality Oversight Body to ensure compliance with both ASPA 2007 and Equality Act 2010; and
c) mandate uniform training and reporting standards across all councils to ensure equality and safeguarding are treated as statutory, not discretionary, obligations.
Background information
Evidence gathered between 2024 and 2025 from cases including that of Moray Council demonstrates a recurring national pattern where local authorities:
• Divert safeguarding disclosures into administrative or behavioural policy mechanisms (e.g., UCAP), contrary to ASPA 2007 section 4 duty to inquire.
• Misapply or ignore statutory duties under the Equality Act 2010 (sections 20-22, section 149) concerning reasonable adjustments and the Public Sector Equality Duty (PSED).
• Fail to implement consistent safeguarding escalation pathways across Scotland, creating postcode disparities in adult protection.
• Lack clear external accountability when Equality or Safeguarding breaches occur, as neither the SPSO nor the Equality Advisory Support Service (EASS) have enforcement powers.
These issues are not isolated to one council but reflect structural gaps in national policy, particularly the lack of ministerial oversight or mandatory training standards for equality and safeguarding compliance across all 32 Scottish local authorities.
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