Background
The Adult Support and Protection (Scotland) Act 2007 ( ASP) was passed by the Scottish Parliament in Spring 2007. Part 1 of the Act, which is scheduled to commence in Autumn 2008, introduces new measures for the protection of adults at risk of harm. These include rights of entry to settings where adults are thought to be at risk of harm, a range of protection orders including assessment, removal and banning orders and the creation of multi-disciplinary Adult Protection Committees. Where it is known or suspected that an adult is at risk, the Act places a duty on councils to make the necessary inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring.
Section 48 of the Act imposes a duty on Scottish Ministers to prepare a code of practice for those exercising functions under Part 1 of the Act. Also, during the passage of the Act through the Scottish Parliament, the previous administration made a commitment to restrict the group of people who can perform council officer functions to those who are competent to perform it in terms of qualifications and experience, and to consult on the proposals.
A national group of key stakeholders is working collaboratively with the Scottish Government to prepare for successful implementation of the Act by further developing policy and by designing the necessary information and guidance for practitioners to help them discharge their functions. The draft Code of Practice for Part 1 of the Adult Support and Protection (Scotland) Act 2007 and draft Adult Support and Protection (Scotland) Act 2007 Role of Council Officer paper were both outputs of this process.
The draft code provides information and guidance on the principles of the Act and about the measures contained within the Act, including when and where it would normally be appropriate to use such powers.
The draft council officer paper provides proposals as to the appropriate groups with respect to knowledge, skills and experience necessary to undertake the council officer functions set out in sections 7-11, 14, 16 and 18 of the Act.
The following report constitutes an analysis of responses to the consultation on the draft Role of Council Officer and on the draft Code of Practice. The consultation distribution list is set out at Annex A of this report.