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