Adult Support and Protection Flashcards
what is ASP
- adult support and protection (Scotland) Act
what is included in the triangle of legislation for adult support and protection
- Adults with Incapacity (Scotland) Act 2000
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Human Right Act 1998
what does the Adults with incapacity Act allow
- allows intervention in an adult’s welfare and financial affairs where the adult lacks capacity
what does the Mental Health Act allow
- enables medical professionals to detain and treat people on the grounds of mental disorder
what does the Human Rights Act allow
- your right to have and express your own opinions
- your right to a private and family life
who decides which area of legislation is most appropriate
- the social worker
what is adult support and protection
- a consenting piece of legislation much more powerful when the adult works with services to effect change in their own life and circumstances
- if the adult chooses not to then that is their right
what were the new definitions and terminology in ASP Act
- make it clearer in determining an adult 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 aged 16 or over
- are unable to safeguard their own wellbeing, property, right or other interests
- are at risk of harm
- 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
what does the 3 point test do
- helps us determine if an adult over 16 is at risk of harm and needs help, support and protection
when are adults deemed to e at risk of harm
- another person conduct is causing (or likely to cause) the adult to be harmed
- the adult is engaging (or likely to engage) in conduct, which causes self-harm
what are recognised principles used when performing functions under the Act
- have regard to the adults ascertainable wishes
- intervention must benefit the adult
- be the least restrictive option
- take accountability fo the views of the adults neared relative, primary carer, guardian or attorney
- encourage participation of adult
- provision os information and support to enable the adult to participate
- ensure adult is not treated less favourably than any other adult in a comparable situation
- take account of the adults abilities, background and characteristics
what does the ASP Act place statutory duty on council and local authorities
- make enquires about adults wellbeing, property or financial affair
- determines if 3 point test is met
- social worker has responsibility to lead enquiry or investigation
- if ASP investigation required, led by council officer
who is a council officer
- a QSW who has bene in practice for a year or more and worked with vulnerable adults
- must have completed the 5-day council officer training
what public bodies must co-operate in adult support and protection
- council
- NHS
- police
- mental welfare commission
- care inspectorate
- office public guardian
- health improvement Scotland
is consent of the adult required
- no
can adult lack capacity and still be referred under ASP legislation
- yes
when is undue pressure needed
- must be evidences if taking action against the adult’s wishes
who can cause harm
- anyone
- spouse, someone you live with, professional carer or neighbour, care home manager, or staff
where can harm happen
- anywhere
what are the different types of harm
- sexual harm
- physical harm
- emotional/psychologica
- institutional
- self-harm
- 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
how long till duty of inquire is complete
- 5 days
how long does investigation take
- 20 days
how long till case conference done
- 20 days
how long since case conference till protection plan completed
- 10 days
how monthly are reviews
- 3 monthly review if subject to ASP care management
how is the outcome of ASP inquiry given
- letter from social work advising of outcome
- basic information given
what is the duty to inquire stage
- first stage in the ASP process which takes place once referral is passed to the area team
what is the purpose of the duty to inquire
- establish if 3-point test is met and what further action is required to reduce the risk of harm
what is an investigation
- 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 the legal framework in relation to the ASP Act
what does an assessment order do
- allows the adult to be taken to a more suitable place for an interview or medical examination
what does a removal order fo
- permits the adult to be moved to any place to protect them from harm
what does a banning order do
- bans the subject of the order from a specified place
how long do assessment orders and removal orders last
- up to 7 days
what is ASP case discussion
- process of formal discussion between inter agency professionals
what is ASP initial case conference
- 20 ays of referral
- follows on from investigation
- chaired by ASM
- adult should attend
what is ASP review case conference
- 3 months after initial
- ## chaired by ASM
what is a case discussion
- formal discussion between professional
what is a case conference
- following completion of investigation
- adult should attend
what is the purpose of case conference
- invite those who are involved with the adult at risk of harm to contribute to formal discussions to decide on what further action is needed to reduce any further risk
what is expected at a case conference
- written reports should be given to chair before it stars
- talk to adult at risk about your views before it starts
- be prepared to contribute your view of risk and protective measures
what are the different outcomes of a case conference
- no further action required
- refer to social work assessment
- refer to another agency
- ASP care management
- implement protection plan
- apply for a protection order
how do you report your concerns
- recognise
- record
- report
- the 3 R’s
what are some partner agencies that can support adults
- Scottish fire and rescue service
- the advocacy project
- hate crimes scotland
- trading standards
