Highland Adult Protection Partnership Public Statement - 3 Brothers Lost Money

19th October 2022

The Highland Adult Protection Partnership greatly welcomes publication on the Scottish Court and Tribunal website of a court decision in the case of three brothers who were found to have been subject to financial exploitation. The brothers had, in dubious circumstances, appointed two attorneys to manage their personal welfare and financial affairs as their health declined.

In June 2014, the brothers had transferred the farm where they had been brought up, to the two attorneys and their wives for "love, favour and affection" and no financial payment. The attorneys were unrelated to the brothers. The court found that the attorneys had then sold the property onto other parties for a price which was considered to be below market value and had not accounted to the brothers for the proceeds of sale. The Sheriff found that the brothers had been subject to “undue influence” by the former attorneys and has made a decree requiring payment of £390,000, to the brothers' estates.

The brothers were born and raised in Highland within a farming community and had lived together at the family farm, which all three jointly owned, for most of their lives. It was their desire to live out their lives there and it was found that were it not for the intervention and deliberate actions of the attorneys this may have been possible. Ultimately all three brothers were split up and were not able to live out their lives together as they were moved to separate placements by their attorneys.

Adult Protection measures were initiated in 2017 and again in 2018 in response to concerns raised by relatives, friends and neighbours. In 2018 the Highland Health and Social Care Partnership took legal action to ensure the safety and well-being of the brothers and to safeguard any remaining financial resources by arranging for the appointment of a professional financial guardian to protect all the brothers’ interests. That appointment resulted in the legal action described. Further legal action is ongoing with a further case being brought by the financial guardian against the former attorneys to deal with other financial transactions made on behalf of the brothers in relation to very significant sums of money.

It is considered that it is important to review practice as a result of this case. It will be necessary to consider if there may have been missed opportunities to protect the brothers’ interests. The Adult Protection Committee has therefore commissioned an external review of the actions taken with a view to learning lessons in relation to adult protection. It is anticipated that any learning is likely to extend to national bodies tasked with the delivery of adult support and protection.

Garry Coutts, Convenor of the Committee, today said: “It’s important for us to get the message across to everyone in Highland that if they have Seen Something - Say Something. If you are concerned about someone - make an adult support and protection referral to the local social work team via the Single Point of Contact or via our website ASP in Highland. Or, where there is immediate danger, call the Police”.

Garry Coutts went on to say, “Please let services know about your concerns - what you know may be an important part of the jigsaw which will help us understand if a person needs support or protection. Services have been working hard to support and protect adults at risk of harm but it is up to all of us to play our part”.

Fiona Duncan, Chief Social Work Officer, echoed Garry’s comments and thanked all staff involved in protecting the brothers and the members of the public who had raised their concerns. She said “it is important to remember that the protection of those more vulnerable members of society is everyone’s business and the public should not hesitate to contact services if they are worried about any adult who may be the subject of exploitation.”