Adult support and protection Flashcards
What is the Adults with incapacity (Scotland) Act 2000?
- Allows intervention in an adult’s welfare and financial affairs where the adult
lacks capacity
What is the Mental Health (Care and treatment) (Scotland) Act 2003?
- Enables medical professionals to detain and treat people on the grounds of
mental disorder
What is the Adult Support and Protection (Scotland) Act 2007?
- Implemented Oct 2008
- Introduced new measures to identify and protect ‘adults at risk of harm’
- ‘Abuse’ replaced with ‘harm’
- ‘Vulnerable adult’ replaced with ‘adult at risk’
What is included in the 3 point test for adults at risk?
a) Are unable to safeguard their own well being, property, rights or other interests; (and)
b) Are at risk of harm; and
c) Because they are affected by disability, mental disorder, illness or physical or mental
infirmity, are more vulnerable to being harmed than adults who are not so affected
All 3 must be met for adult aged 16 and over
When are adults deemed to be at risk of harm?
- Another person(s) conduct is causing (or is likely to cause) the adult to be harmed
- The adult is engaging (or is likely to engage) in conduct, which causes (or is likely to cause) self-harm
What are the principles of the ASP act?
- Intervention must Benefit the Adult
- Be the Least Restrictive Option
- Have regard to the Adult’s ascertainable wishes
- Take account of the views of the Adult’s nearest relative, primary carer, guardian or attorney
- Take account of the views of any person who has in interest in the Adult’s well being or
property - Encourage participation of the adult as fully as possible
- Provision of information and support to enable the adult to participate
- Ensure the Adult is not treated less favourably than any other adult in a comparable
situation - Take account of the Adult’s abilities, background and characteristics
What agencies are included in the Multi-agency co-operation for the ASP act?
- Council
- NHS
- Police
- Mental Welfare Commission
- Care Inspectorate
- Office Public Guardian
- Health Improvement Scotland
Must report facts when believe Adult is at risk and consent or capacity of this adult is not required
What are the different types of harm?
- Sexual Harm
- Physical Harm
- Emotional/Psychological harm
- Self Harm
- Institutional
- Verbal
- Neglect and acts of omission
- Finance or material
- Discriminatory
- Multiple forms of harm
What is the timescale that ASP works on to help and adult at risk?
- Acknowledgement of referral within 1 working day
- Duty to Inquire complete within 5 working days
- Investigation complete within 20 working days
- Case Conference complete within 20 working days
- Protection Plan complete within 10 working days of case
conference - 3 monthly reviews if subject to ASP care management
What is an inquiry?
- Completed by social work staff
- Check background info
- Speak to others involved like professional and GP and carers
- Speak to adult at risk of harm
- Establish whether 3 point test met
- Does not require consent on adult
What is an investigation?
- Gather info to inform a risk assessment which is completed by Council officer
- Suppor the adult at risk of harm
- Use the legal framework
- Visits/ medical exams/ exam of records etc
What is an assessment order?
- Allows the adult to be taken to a more suitable place for an interview or medical examination.
What is a removal order?
- Permits the adult to be moved to any place to protect them from harm
What is a banning order?
- Temporary Banning Order-bans the subject of the
order from a specified place-can have conditions and powers of arrest attached
What is a Warrant for entry?
- Granted by a Sheriff and expires after 72 hours and allows Council Officer access to the adult at risk
