Adult Support & Protection Flashcards
What is the Adults With Incapacity (Scotland) Act 2000?
Act allowing intervention in an adult’s welfare and financial affairs where the adult lacks capacity
What is the Mental Health (Care & Treatment) (Scotland) Act 2003?
Act enabling medical professionals to detain and treat people on the grounds of mental disorder
What is the Human Rights Act 1998?
Act detailing the rights of individuals that must be upheld at all times
What is the Adult Support & Protection (Scotland) Act 2007?
Act to identify and protect adults at risk of harm
What is the adult at risk three point test?
- 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
When are adults deemed to be at risk?
- 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
What are the principles of the Adult Support and Protection (Scotland) Act 2007?
- 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
What statutory duties does the Adult Support and Protection (Scotland) Act 2007 place of councils and local authorities?
- 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
How are capacity and consent considered in the Adult Support & Protection (Scotland) Act 2007?
- 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
What is undue pressure?
- 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
What different types of harm exist?
- 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
What are the timescales detailed by the Adult Support and Protection (Scotland) Act 2007?
- 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
What is an inquiry?
- 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
What is an investigation?
- 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
What is an investigation?
- 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
