Adult Support and Protection Flashcards
What 3 laws are included in the triage of legislation for protection of adults?
- Adults with incapacity (Scotland) Act 2000
- Mental health (care and treatment) (Scotland) Act 2003
- Human rights Act 1998
What does the Adults with incapacity (Scotland) Act 2000 do?
Allows intervention in an adult’s welfare and financial affairs where the adult lacks capacity
What does the Mental Health (care and treatment) (Scotland) Act 2003 do?
- Enables medical professionals to detain and treat people on the grounds of a mental disorder
What does the human rights act 1998 do?
- The rights of an individual must be upheld at all times
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?
- Abuse replaced with harm
- Vulnerable adult replaced with adult at risk
What is the 3 point test for adults at risk?
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
Adults are deemed to be ‘at risk of harm’ when…? (2)
- 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 2 overarching principles for adult protection?
- Intervention must benefit the adult
- Be the least restrictive option
What are the principles for adult protection? (9)
- 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
What council duties/powers does the ASP place to local authorities? (5)
- 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
The act sets out statutory duties of co-operation for certain public bodies. Who does this involve? (7)
- 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
Can an adult still be referred under the ASP legislation if they lack capacity?
- Yes
Does an adult need consent for a referral to be made?
- No
What must be evidenced is we take action against an adults wishes?
- Undue pressure
What are different types of harm? (19)
- 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
When a referral is made, how soon after the referral should there be acknowledgement of the referral?
- Within 1 working day
When a referral is made, how soon after the referral should a duty to enquire be complete?
- Within 5 working days
When a referral is made, how soon after the referral should the investigation be complete?
- Within 20 working days