Adult Support and Protection Flashcards

1
Q

What 3 laws are included in the triage of legislation for protection of adults?

A
  • Adults with incapacity (Scotland) Act 2000
  • Mental health (care and treatment) (Scotland) Act 2003
  • Human rights Act 1998
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2
Q

What does the Adults with incapacity (Scotland) Act 2000 do?

A

Allows intervention in an adult’s welfare and financial affairs where the adult lacks capacity

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3
Q

What does the Mental Health (care and treatment) (Scotland) Act 2003 do?

A
  • Enables medical professionals to detain and treat people on the grounds of a mental disorder
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4
Q

What does the human rights act 1998 do?

A
  • The rights of an individual must be upheld at all times
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5
Q

The adult support and protection (Scotland) Act 2007 introduced new measures to identify and protect ‘adults at risk of harm’. They brought in new definitions. What were these?

A
  • Abuse replaced with harm

- Vulnerable adult replaced with adult at risk

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6
Q

What is the 3 point test for adults at risk?

A

Adults aged 16 and over who:

  • Are unable to safeguard their own well being, property, rights and other interests; (and)
  • Are at risk of harm; and
  • 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 points above MUST be met, this is commonly referred to as the 3 point test

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7
Q

Adults are deemed to be ‘at risk of harm’ when…? (2)

A
  • 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
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8
Q

What are the 2 overarching principles for adult protection?

A
  • Intervention must benefit the adult

- Be the least restrictive option

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9
Q

What are the principles for adult protection? (9)

A
  • Intervention must benefit the adult
  • Be the least restrictive option
  • Have regard to the adult’s ascertainable wishes
  • Take account the views of the adult’s nearest relative, primary carer, guardian or attorney
  • Take account of the views of any person who has an interest in the Adult’s wellbeing 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
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10
Q

What council duties/powers does the ASP place to local authorities? (5)

A
  • MAke enquiries about an adults well-being, property or financial affairs, determine in the 3 point test is met and to determine if further action is required to stop or prevent harm from occurring
  • It is the responsibility of social work to lead on the adult protection inquiry and or investigation
  • Where inquiries have established that a formal ASP investigation is required, this must be led by a council officer
  • Council officer can interview the adult but must inform of the right not to answer questions
  • Duty to consider importance of providing advocacy and other services
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11
Q

The act sets out statutory duties of co-operation for certain public bodies. Who does this involve? (7)

A
  • Council
  • NHS
  • Police
  • Mental welfare commission
  • Care inspectorate
  • Office public guardian
  • Health improvement Scotland

These public bodies MUST report the facts and circumstances to the council when they believe an adult is at risk
Public bodies must co-operate with the council to assist with their enquiries and share information
- the consent of the adult is not required

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12
Q

Can an adult still be referred under the ASP legislation if they lack capacity?

A
  • Yes
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13
Q

Does an adult need consent for a referral to be made?

A
  • No
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14
Q

What must be evidenced is we take action against an adults wishes?

A
  • Undue pressure
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15
Q

What are different types of harm? (19)

A
  • Sexual harm
  • Physical harm
  • Emotional/physical harm
  • Self harm
  • Institutional
  • Verbal
  • Neglect and acts of omission
  • Finance or material
  • Discriminatory
  • Multiple forms of harm
  • Forced marriage
  • Honour based violence
  • Radicalisation
  • Female genital mutilation
  • Human trafficking
  • Fire casualty
  • Online safety
  • Modern day slavery
  • Hate crime
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16
Q

When a referral is made, how soon after the referral should there be acknowledgement of the referral?

A
  • Within 1 working day
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17
Q

When a referral is made, how soon after the referral should a duty to enquire be complete?

A
  • Within 5 working days
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18
Q

When a referral is made, how soon after the referral should the investigation be complete?

A
  • Within 20 working days
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19
Q

When a referral is made, how soon after the referral should a case conference be complete?

A
  • Within 20 working days
20
Q

When a referral is made, how soon after the referral should a protection plan be completed?

A
  • Within 10 working days of the case conference
21
Q

When a referral is made, how soon after the referral should reviews be?

A
  • 3 monthly reviews if subject to ASP care management
22
Q

What will be included in ASP feedback? (5)

A
  • Acknowledgement of referral - electronic from social care direct
  • Outcome of ASP inquiry - letter from social work advising of outcome
  • No details of action taken will be noted on letter
  • Referrer encouraged to contact social work services if further info is needed
  • Carefirst will have detailed decision on ASP outcome
23
Q

Who is the initial inquiry for a referral completed by?

A
  • Completed by social work staff (does not need to be qualified social worker)
24
Q

What is included within the enquiry? (5)

A
  • Checking background info
  • Speaking to others involved e.g. professionals, GP, carers etc
  • Speaking to the adult at risk of harm
  • Establishing whether the 3 point test is met and a risk assessment is required
  • An inquiry does not require the consent of the adult
25
Q

What would happen if during an inquiry it is established that the 3 point test is not met by the adult but they still require help?

A
  • They would be referred to the appropriate services
26
Q

When is the investigation completed?

A
  • One it is established that the 3 point test is met + the adult is at harm
27
Q

What is an investigation?

A
  • Gathering information to inform a risk assessment which is completed by the council officer
  • Completion of a chronology of significant events relating to current concerns
  • Support to protect the adult from risk of harm
  • Use of a legal framework in relation to ASP act
28
Q

What actions are taken as part of the investigation? (4)

A
  • Visits
  • Private interview
  • Medical examinations
  • Examination of records
29
Q

What is an assessment order?

A
  • Allows the adult to be taken to a more suitable place for an interview or medical examination
30
Q

How long can an assessment order last?

A
  • Can last for a period of 7 days
31
Q

Who can apply for an assessment order?

A
  • Only the local authority
32
Q

What is a removal order?

A
  • Permits the adult to be moved to any place to protect them from harm
33
Q

How long can a removal order last?

A
  • Can last for up to 7 days
34
Q

Who can apply for a removal order?

A
  • Only the local authorities
35
Q

What is a banning order?

A
  • Bans the subject of the order from a specified place - can have conditions and powers of arrest attached
36
Q

How long can a banning order last for?

A
  • Can last for 6 months
37
Q

Who can apply for a banning order?

A
  • The adult themselves can apply for this
38
Q

What is a warrant for entry?

A

Granted by Sheriff and expires after 72 hours - allows council officer access to the adult at risk

39
Q

At what point in the ASP process can a case discussion be done?

A
  • At any point
40
Q

What is an ASP case discussion?

A
  • Process of formal discussion between inter agency professionals - chaired by responsible TL
41
Q

What is an ASP initial case conference?

A
  • 20 days of referral

- Follow on from investigation and should be multi-agency. Chaired by ASM - adult should attend

42
Q

What is an ASP review case conference?

A
  • 3 months after the initial case conference, then as required or within 3 months of each review. Chaired by ASM - adult should attend
43
Q

What should occur before/during a case conference? (4)

A
  • Written reports should be given to the conference chair before the conference starts
  • Talk to the adult at risk about your views/concerns beforehand - ensure they are kept informed
  • Be prepared to contribute your view of risk and protective measures
  • Be prepared to contribute to the development of a protection plan if needed
44
Q

What are the possible likely outcomes of a case conference? (6)

A
  • No further action required - risk no longer evident
  • Refer for social work assessment
  • Refer to other agency
  • ASP care management
  • Implement protection plan
  • Apply for a protection order
45
Q

What are the 3 R’s we would use to report concerns?

A

Recognise - spot signs, do something

Record - listen carefully, believe and take short notes

Report - tell someone

46
Q

How can we report our concerns? (4)

A
  • Immediate danger - call 999
  • Speak to a line manager
  • Refer to agency adult protection procedures
  • Complete AP1 and send to social care direct