1. Self Directed Support (SDS) and Adult Support and Protection (ASPA)

2. Context ASPA is a multi-agency responsibility led by local social work services or their equivalent The modern social work department was effectively created the Social Work (Scotland) Act 1968 This Act’s main aim was to promote social welfare through assessment and access to care and services and was later amended to include the use of direct payments

3. Adult Support and Protection (Scotland) Act 2007 – A refresher - Who is an adult at risk of harm? No singularly defined service user group:- 16 or over Unable to safeguard their own well-being, property, rights or other interests At risk of harm Affected by disability, mental disorder, illness or physical or mental infirmity – are more vulnerable to being harmed than adults who are not so affected

4. Know or Believe The Act is worded in such a way that a concern or suspicion is enough to place the duty on those named to share their concerns This is a useful way for anyone to think about harm, do you know or believe? Reflect on your feelings and impressions. Talk to a colleague to sound them out a little.

5. Undue Pressure – what is it? Where someone in a position of trust or authority is exerting influence to affect the adults decisions around protecting themselves from harm. Someone in a caring role or a guardian can cause harm intentionally or unintentionally, by using their power inappropriately, exerting undue pressure.

6. Undue pressure can also be applied by an individual who may or may not be the person suspected of harming the adult, such as a neighbour, carer or other person. E.g. a relative who is not suspected of causing the harm but does not, for whatever reason, wish the council to apply for an order, may place undue pressure on the affected adult to refuse consent. Undue pressure may also be applied by a person that the adult is afraid of or who is threatening them.

7. INDEPENDENT AND THIRD SECTOR PROVIDERS Adult Support and Protection Code of Practice

8. The Code of Practice - Independent Organisations Do not have specific legal duties or powers under the Act. Have a responsibility to involve themselves where appropriate by making referrals, assisting inquiries and through the provision of services to assist people at risk of harm. These organisations should discuss and share with relevant statutory agencies information they may have about adults who may be at risk of harm. Organisations will have a legal duty to comply with requests for examination of records.

9. Sharing without consent – all sectors Existing law allows information to be disclosed without consent where such disclosure is required by law, either a court order or statute or where such disclosure is in the public interest. Crime detection and prosecution, as well as prevention, may provide legitimate grounds for disclosure.

10. Practice Issues: barriers to sharing information Fears remain around breaching confidentiality based upon anxieties of being struck off or disciplined. Consent –obtaining consent is clearly best practice and is required to progress work with the adult post referral. Do you still assume you cannot report the issue without consent? Are you clear about your organisations policy?

11. Duty of Care

12. A Legal Obligation to: Always act in the best interest of individuals and others Not to act or fail to act in a way that results in harm Act within your competence and not take on anything you do not believe you can safely do. As a care worker you would owe a duty of care to the people you support, your colleagues, your employer, yourself and the public interest.

13. Everyone has a duty of care – it is not something that you can opt out of. SCIE advise that when acting in a person’s best interests you must normally do so with their consent unless you have evidence that the person lacks capacity to make that particular decision at the time it needs to be made. But with ASPA you need to balance Risk and Rights and consider your organisations policy on when to share without consent. ASPA is there to encourage you to share your concerns. If you are employed directly to support someone in their own home, duty of care still applies.

14. Capacity “Incapable” means incapable of— (a) acting; or (b) making decisions; or (c) communicating decisions; or (d) understanding decisions; or (e) retaining the memory of decisions Adults With Incapacity (Scotland) Act 2000

15. BUT It’s not really your job to assess if someone is actually at risk of harm and whether they have capacity. Your role is to notice harm or potential harm and report it in line with your organisation's policy Stay vigilant and understand the different types of harm including undue pressure.

16. The Principles SDS Independent AdvocacyASPA A person must be provided with any assistance that is reasonably required to enable them to express their views and make informed choices, Independent Advocacy is accessible Provide benefit to the adult which could not reasonably be provided without intervening in the adult's affairs A person must have as much involvement as they wish around assessment and support Independent Advocacy is as free as it can be from conflicts of interest Facilitate the maximum participation of the adult (including information) The option chosen is the least restrictive to the adult's freedom A local authority must collaborate with the a person around their assessment and the provision of support Advocacy puts the people who use it first Take account of the adults wishes and feelings (past and present Take account of the views of those with an interest in the adult's well-being or property A local authority must take reasonable steps to maintain the person’s dignity, ensure they are respected along with their right to participate in community life. Independent Advocacy is accountable Ensuring that the adult is not, without justification, treated less favourably than any other adult Ensuring the adult's abilities, background and characteristics are considered A local authority must have regard to the principles of its governing legislation e.g. Social Work (Scotland) Act

17. Pilotlight Project http://pilotlight.iriss.org.uk/sds/safeguarding http://pilotlight.iriss.org.uk/sds/safeguarding

18. Chronically Sick and Disabled Person’s Act 1972 Human Rights Act 1998 Equalities Act 2010 Data Protection Act 1998 Local Government in Scotland Act 2003 Freedom of Information Scotland Act 2002 Education Scotland Additional Support for Learning Act 2009 Public Service Reform Scotland 2010 Children’s Hearings Act 2011 Children Scotland Act 1995 Adults with Incapacity Scotland Act 2000 Mental Health Care & Treatment Act 2003 Social Work Scotland Act 1968 Direct Payment Act 1996 Protection of Vulnerable Groups Scotland Act 2007 Disability Discriminatio n Act 1995 Patients Rights Scotland Act 2011 Domestic Abuse Scotland Act 2011 NHS & Community Care (Scotland) Act 1990 Adult Support & Protection Act 2007 Welfare Reform Act 2012 Housing Scotland Act 2010 National Assistance Act 1948 Regulation of Care Scotland Act 2001 Community Care & Health Act Scotland 2002 Social Care (Self-directed Support) (Scotland) Act 2013 ASPA and SDS - the only games in town?

19. Resource: SSSC Adult Protection Mobile App Developed to be used as a reference resource for all workers whose role includes supporting or caring for adults. Designed to be used in conjunction with the worker’s own organisation’s adult support and protection policies and procedures. Sections on signs and symptoms of harm and abuse; what workers should do if they have concerns; and the legislation that applies to adult support and protection. http://learningzone.workforcesolutions.sssc.uk.com/course/view. php?id=56

20. Discussion: Where do you feel you are between ASPA and SDS

21. How do you see the role of an advocate in supporting a person to live as freely and independently as possible and/or living safe from harm? Risk Choice & Control

22. If Confidentiality is respected to the point where (you) know or believe the person you are supporting or advocating for, or someone else, is at risk of harm - What does this mean for you in practice? Risk Choice & Control

23. Points to take away Consider your role as an individual advocate to help someone see the risks as well as the opportunities Does your organisation have a policy statement on what you should do when you identify serious risk and there is no consent