Adult Support & Protection Flashcards

1
Q

What is the Adults With Incapacity (Scotland) Act 2000?

A

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

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2
Q

What is the Mental Health (Care & Treatment) (Scotland) Act 2003?

A

Act enabling medical professionals to detain and treat people on the grounds of mental disorder

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3
Q

What is the Human Rights Act 1998?

A

Act detailing the rights of individuals that must be upheld at all times

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4
Q

What is the Adult Support & Protection (Scotland) Act 2007?

A

Act to identify and protect adults at risk of harm

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5
Q

What is the adult at risk three point test?

A
  • Adults aged 16 and over who;
  • are unable to safeguard their own wellbeing, property, rights or 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
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6
Q

When are adults deemed to be at risk?

A
  • when another person’s conduct is causing or is likely to cause the adult to be harmed
  • when the adult is engaging or is likely to engage in conduct which causes or is likely to cause self harm
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7
Q

What are the principles of the Adult Support and Protection (Scotland) Act 2007?

A
  • 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 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 adults abilities, background and characteristics
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8
Q

What statutory duties does the Adult Support and Protection (Scotland) Act 2007 place of councils and local authorities?

A
  • make inquiries about an adults wellbeing, property or financial affairs and determine if the 3 point test is met and to determine if further action is required to stop or prevent harm from occurring
  • responsibility of social work to lead on the adult protection inquiry and investigation
  • responsibility of council officer to lead formal adult support and protection investigations where inquiries have established they are required
  • council officer can interview adult but must inform them of their right not to answer questions
  • duty to consider importance of providing advocacy and other services
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9
Q

How are capacity and consent considered in the Adult Support & Protection (Scotland) Act 2007?

A
  • adult lacking capacity can be referred under ASP legislation
  • adult does not need to consent to referral being made
    • referral should be discussed with adult
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10
Q

What is undue pressure?

A
  • applied to prevent the person seeking help or to influence the decisions they make which leave them at risk of harm
  • anyone can inflict undue pressure
    • under ASP act adult cannot unduly pressure themselves
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11
Q

What different types of harm exist?

A
  • sexual
  • physical
  • emotional/psychological
  • self harm
  • institutional
  • verbal
  • neglect and acts of omission
  • finance or material
  • discriminatory
  • multiple
  • forced marriage
  • honour based violence
  • radicalisation
  • female genital mutilation
  • human trafficking
  • fire casualty
  • online safety
  • modern day slavery
  • hate crime
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12
Q

What are the timescales detailed by the Adult Support and Protection (Scotland) Act 2007?

A
  • 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
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13
Q

What is an inquiry?

A
  • checking background information
  • speaking to others involved (professionals, GPs, carers)
  • speaking to the adult at risk of harm
  • establish whether the 3 point test is met and a risk assessment is required
  • carried out by social work staff
  • does not require consent of the adult
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14
Q

What is an investigation?

A
  • gathering information to inform a risk assessment
    • completed by the council officer
    • after 3 point test performed
    • visits, private interviews, medical examinations, records
  • compilation of a chronology of significant events relating to current concerns
  • support to protect the adult from risk of harm
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14
Q

What is an investigation?

A
  • gathering information to inform a risk assessment
    • completed by the council officer
    • after 3 point test performed
    • visits, private interviews, medical examinations, records
  • compilation of a chronology of significant events relating to current concerns
  • support to protect the adult from risk of harm
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15
Q

What type of protection orders exist?

A
  • assessment order
  • removal order
  • banning order
  • warrant for entry (s.37)
16
Q

How is a protection order gained?

A
  • after inquiries or investigations council officer believes action is required
  • council apply to sheriff for protection order
17
Q

What is an assessment order?

A
  • allows adult to be taken to a more suitable place for an interview or medical exam
  • lasts for period of 7 days
  • applied for via legal services
18
Q

What is a removal order

A
  • permits the adult to be moved to any place to protect them from harm
  • lasts for 7 days
  • typically removed to a care home
19
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
    • temporary banning order
  • 6 months
  • applied for by local authorities or adult
  • if local authorities applying must have evidence of undue pressure
20
Q

What is a warrant for entry?

A
  • allows council officer access to the adult at risk
  • granted by a sheriff
  • expires after 72 hours
  • once executed the warrant cannot be reused
21
Q

How should concerns be reported?

A
  • 3 Rs
    • Recognise (spot signs, do something)
    • Record (listen carefully, believe, take short notes)
    • Report (tell someone)
  • immediate danger
    • call 999
  • speak to line manager
  • refer to agency Adult Protection procedures
  • complete AP1 and send to social care direct