Chapter 7: Medical examinations
1. This chapter provides guidance on section 9 of the Act which allows a health professional to conduct a private medical examination of the adult at risk. A medical examination can take place either at a place being visited under section 7, or at the premises where an adult has been taken under an assessment order granted under section 11. A medical examination includes any physical or psychological assessment or examination.
Who may conduct a medical examination?
2. A medical examination may only be carried out by a health professional as defined under section 52(2) as:
- a doctor;
- nurse;
- midwife; or
- any other type of individual described (by reference to skills, qualifications, experience or otherwise) by order made by Scottish Ministers.
(Scottish Ministers have not made an order prescribing other individuals)
What is the purpose of a medical examination?
3. A medical examination may be required as part of an investigation for a number of reasons including:
- the adult's need of immediate medical treatment for a physical illness or mental disorder;
- to provide evidence of harm to inform a criminal prosecution or application for an order to safeguard the adult; or
- to assess the adult's physical health needs or mental capacity.
4. Examples of circumstances where a medical examination should be considered include:
- the adult has a physical injury which he or she states was inflicted by another person;
- the adult has injuries where the explanation (from the adult or other person) is inconsistent with the injuries and an examination may provide a medical opinion as to whether or not harm has been inflicted;
- there is an allegation or disclosure of sexual abuse and the type of assault may have left physical evidence;
- the adult appears to have been subject to neglect or self-neglect; and
- the adult is ill or injured and no treatment has previously been sought.
Does an individual have the right to refuse a medical examination?
5. Section 9 (2) of the Act states that the person to be examined must be informed of their right to refuse to be examined before a medical examination is carried out.
6. Where it is not possible to obtain the informed consent of the adult because they lack the mental capacity or have difficulty communicating in order to provide consent, the council should contact the Office of the Public Guardian to ascertain whether the person has completed a welfare power of attorney with the relevant powers. Where no guardian or attorney has such powers, consideration may be given to using the provisions in the 2000 or 2003 Acts.