FILLING THE GAP ADULT SUPPORT AND PROTECTION IN SCOTLAND 2012

PRIOR LEGISLATION ADULTS WITH INCAPACITY [SCOTLAND] ACT PROTECT THOSE WITH CAPACITY MENTAL HEALTH [CARE AND TREATMENT] SCOTLAND ACT PROTECTS THOSE WITH A MENTAL DISORDER But those who are frail, older but with capacity, or those unable to protect them selves from harm/abuse or subject to exploitation/neglect still not covered.

PASSED BY THE SCOTTISH PARLIAMENT IN FEBRUARY 2007 RECEIVED ROYAL ASSENT IN MARCH 2007 ENACTED OCTOBER 2008 ADULT SUPPORT AND PROTECTION ACT

THE SCOTTISH GOVERNMENT INSIST THAT ANY NEW LEGISLATION HAS TO BE BASED ON SOUND ETHICAL UNDERPINNING SECTION 1 - INTERVENTION MUST PROVIDE BENEFIT TO THE ADULT ACTIONS SHOULD BE MOST SUPPORTIVE AND LEAST RESTRICTIVE GENERAL PRINCIPLES

SECTION 2 - MUST HAVE REGARD TO: WISHES OF THE ADULT, NEAREST RELATIVE, CARER GUARDIAN IMPORTANCE OF ADULT’S PARTICIPATION NOT TREATING THE ADULT LESS FAVOURABLY ADULT’S ABILITIES, BACKGROUND AND CHARACTERISTICS GENERAL PRINCIPLES

THE ACT PROVIDES POWERS TO INVESTIGATE SUSPECTED HARM CARRY OUT ASSESSMENTS OF THE ADULT AND THEIR CIRCUMSTANCES [ASSESSMENT ORDERS] INTERVENE TO REMOVE THE ADULT OR MANAGE THE RISK OF HARM [REMOVAL ORDERS] IF NECESSARY AND AS A LAST RESORT, TO EXCLUDE THE PERPETRATOR [BANNING ORDERS] IF NECESSARY AND AS A LAST RESORT, TO FORCE ENTRY TO PERFORM THE ABOVE FUNCTIONS ADULT PROTECTION MEASURES

‘HARM’ INCLUDES ALL HARMFUL CONDUCT AND, IN PARTICULAR INCLUDES: Conduct which causes physical harm, Conduct which causes psychological harm [e.g. by causing fear, alarm or distress] Unlawful conduct which appropriates or adversely affects property, rights or interests [e.g. theft, fraud, embezzlement or extortion] Conduct which causes self harm KEY DEFINITIONS

PROTECTION ORDERS SHOULD NOT BE GRANTED WITHOUT THE CONSENT OF ADULT - SECTION 32 BUT REFUSAL TO CONSENT CAN BE IGNORED WHERE IT IS BELIEVED THAT THE ADULT HAS BEEN UNDULY PRESSURISED TO REFUSE CONSENT, AND NO OTHER STEPS COULD REASONABLY BE TAKEN WITH THE ADULT’S CONSENT TO PROTECT THIS HAS TO BE BALANCED BY GUIDING PRINCIPLES CONSENT OF THE ADULT

ADULT AT RISK MAY BE CONSIDERED TO HAVE BEEN UNDULY PRESSURISED TO REFUSE TO CONSENT….IF IT APPEARS: THAT HARM WHICH THE ORDER OR ACTION IS INTENDED TO PREVENT IS BEING, OR IS LIKELY TO BE, INFLICTED BY A PERSON IN WHOM THE ADULT AT RISK HAS CONFIDENCE AND TRUST, AND THAT THE ADULT AT RISK WOULD CONSENT IF THE ADULT DID NOT HAVE CONFIDENCE AND TRUST IN THAT PERSON. UNDUE PRESSURE

TRAINING MATERIAL PRODUCED CENTRALLY TO ENSURE CONSISTENT APPLICATION ACROSS SCOTLAND LEVEL 1 - MEMBERS OF GOVERNANCE COMMITTEES OR BOARDS - 20 MINS LEVEL 2 - GENERAL STAFF BRIEFING - 1 HOUR LEVEL 3 - TWO DAY TRAINING COURSE FOR OPERATIONAL STAFF ON AN INTER-AGENCY BASIS NATIONAL TRAINING MATERIAL

TO BALANCE APPROPRIATE INTERVENTION AGAINST THREE ELEMENTS - CAPACITY, RIGHTS AND CHOICE - AND ACHIEVE APPROPRIATE PROTECTION WE WILL NOT ALWAYS GET IT RIGHT ORGANIC PROCESS WHICH WILL CHANGE OVER TIME CHALLENGE

GREATER EMPHASIS ON PUBLIC PROTECTION PUBLIC AWARENESS CAMPAIGN INCREMENTAL RISE IN REFERRALS MULTI-AGENCY INVOLVEMENT IN DECISION MAKING ADULT PROTECTION ON A SIMILAR FOOTING TO CHILD PROTECTION STATUTORY REQUIREMENT FOR APCs SYSTEMATIC TRAINING AND DEVELOPMENT FOLLOWING NATIONAL TRAINING PROGRAMME RESULT OF THE LEGISLATION SINCE 2008

ADULT PROTECTION REFERRALS: 1 ST APRIL OCTOBER 2008: 1,680 [PRIOR TO ACT] 29 TH OCTOBER MARCH 2009: 3,332 1 APRIL NOVEMBER 2009: 7,375 OVER THE FIRST 6 MONTHS OF NEW ACT APPROX 100% INCREASE REFERRALS NATIONAL DATA SURVEY

FROM APRIL NOVEMBER 2009  REFERRALS 12,387  INQUIRIES 9,769  INVESTIGATIONS 2,485  PROTECTION ORDERS OCTOBER SEPTEMBER 2010 ASSESSMENT REMOVAL BANNING REFERRALS, ENQUIRIES, INVESTIGATIONS, PROTECTION ORDERS