Adult Support & Protection (Scotland) Act 2007
The Duties, Roles and Responsibilities of Services and Staff under the Act
The one day training course is intended to provide:
- knowledge of the Adult Support and Protection Act;
- the requirements of implementation;
- an understanding of its practice implications.
Course Content
Morning
Principles and Definitions
Inquiries and Investigations
Afternoon
Assessment Orders and Removal Orders
Banning Orders and Offences
Detailed Course Programme
09.30 Aims of the Day
09.45 Principles, Definitions, Inquiries
Section 1. General principle on intervention in an adult's affairs
S2. Principles for performing Part 1 functions
S3. Adults at risk
S53. Harm
S4. Council's duty to make inquiries
S5. Co-operation
S6. Duty to consider providing advocacy and other services
10.15 Group Exercise
10.45 Feedback
11. 00 BREAK
11.15 Investigations
S52-53. Definition of Council Officer
S7. and S36. Visits
S37, 38 and 40. Warrants for Entry
S8. Interviews
S9/52. Medical examinations
S10. Examination of records
S49-50. Offences
12.00 Group Exercise
12.30 Feedback
12.45 LUNCH
13.30 Protection Orders
ASP - AWI - MHCTA
Overview of ASP Protection Orders
S12/15/20 Serious Harm
S35. Consent and Undue pressure
13.45 Group Exercise
14.15 Feedback
14.30 Assessment and Removal orders
S11-12-13. Assessment orders
S14-15-16-17. Removal orders
S40. Urgent cases
S18. Protection of moved person's property
S37, 38, 39, 40, 41. Warrants for entry
15.00 BREAK
15.15 Banning orders
S19>27, 51. Banning and Temporary Banning Orders
S25-28 to 34. Powers of arrest, Arrest and Detention
15.45 Group Exercise
16.15 Feedback
Learning Outcomes
16.30 CLOSE
Adults Support and Protection (Scotland) Act 2007
Implementation Programme
Group Exercises -- Questions and Case Studies
Group members should introduce themselves and say which organisation they come from and what their job is.
They should agree a chair and identify group members to record on the flip chart and report back at the plenary feedback sessions.
In every session the group should identify the most important points it wishes to report back.
Morning -- Session One
Principles, Definitions and Inquiries
Group Exercise 1
Case example: Agnes
Agnes lives with her husband Ian in a ground floor flat. She has multiple sclerosis and anxiety states. A couple of years ago her health deteriorated and now she cannot walk very far. The only time Agnes goes out is when she attends a luncheon club twice a week. Both an OT and a home care worker have been involved for some time. There have been concerns in the past when Agnes has said he has not got any money left. She has never said where the money has gone. Service staff see very little of Ian, who seems to spend a lot of his time out of the house. There are often empty bottles of spirits in the house -- Agnes does not drink alcohol -- and old betting slips left lying around. During an assessment visit, Ian did say he did what he could for Agnes, but he had worked all his life and paid his taxes and it was up to services to provide what support she needed. Agnes has never been critical of him, and always seems highly anxious to keep things in order in case he gets angry with her. Agnes's doctor has been called out by a neighbour, who had heard Agnes shouting for help through the wall. When the neighbour went in she found Agnes crying and saying she was starving. She had not eaten for three days. She seemed to be extremely dehydrated and cried out when the neighbour touched her arm. Her neighbour helped her to the toilet, and Agnes said it was painful to pass urine. The neighbour phoned the health centre, but by the time the doctor visited Ian had returned home, said his wife was fine and they did not need any help. The doctor was only able to see Agnes very briefly, when she said she was fine and did not need any help or want anyone else involved.
The group task is to agree a group view of the case study.
What are the implications of the definitions of 'adult at risk' and 'harm'?
In this case is there a duty to inquire, and what might be the issues, dilemmas and challenges in relation to the duty of cooperation, and the duty to consider advocacy and other services?
How should staff and agencies deal with the dilemmas concerning self-determination and reporting concerns raised in operational practice?
Please flipchart your comments, and identify three key points to feed back.
Morning -- Session Two
Investigations
Group Exercise 2
Case Example
Muhammad
Muhammad is a Scottish-Asian man, who has lived in Scotland for many years. He has a number of physical and mental health issues and his behaviour can be quite difficult at times. He has lived in a registered care setting for about a year. Staff are struggling to manage his behaviour and a social worker is involved in reviewing his care needs. The social worker is unhappy with the staff's attitude to her client. Another registered service has assessed Muhammad, with a view to him moving to their specialist service. However, in their assessment, Muhammad does not need such a specialist unit. The Care Commission also has a number of concerns about this service. Muhammad's cousin visits regularly, and has now reported to the social worker that as she arrived for her last visit she saw one of the staff angrily pushing Muhammad along the corridor and saying to him, " I told you -- you can't come along here - you people never learn". The Senior officer later told the cousin about an accident that had happened to Muhammad a few days before leaving bruising down one arm -- it was not a very convincing explanation, but Muhammad was not able to tell his cousin what had happened. The cousin also expressed concern that Muhammad never seemed to have much left from his weekly income.
How do the legislative principles, definitions, and the legal powers and duties in relation to visits, interviews medical examinations and the examination of records relate to the case study?
Consider what dilemmas and challenges are posed in this case, and what next steps should be taken?
Then, identify more broadly issues concerning implementing the legislation when this concerns managed social care, health or housing settings.
Flipchart your views, and identify three key points to feed back.
Afternoon -- Session One
Serious Harm, Consent and Undue Pressure
Group Exercise 3
Serious Harm
How would you distinguish 'harm' from 'serious harm' within the context of the Adult Support and Protection Act?
Identify what would constitute serious harm, and in 15 minutes create a group list after sharing and discussing these ideas.
Undue Pressure
The ASP Act allows consent to be dispensed with in certain circumstances and with evidence of 'undue pressure'.
Identify what you believe would constitute and evidence 'undue pressure' and any issues concerning this concept, and in 15 minutes create a group list after sharing these ideas.
Flipchart your views, and identify one key point about serious harm and one key point about undue pressure to feed back.
Afternoon -- Session Two
Assessment Orders, Removal Orders and Banning Orders
Group Exercise 4
Identify cases in which the use of an Assessment order or a Removal order or a Banning Order would have been of benefit to an adult at risk.
Then create a group list with three columns noting the circumstances in which an Assessment order or a Removal order or a Banning Order would have had such benefits.
You may also wish to note the potential difficulties and drawbacks of using orders in these circumstances.
Flipchart your views, and identify one key point about each of the Protection Orders to feed back.
Links to Issues and Agencies referenced in the training sessions:
Scottish Government:
Adult Support and Protection (Scotland) Act 2007
Adult Support and Protection (Scotland) Act 2007 - code of practice
Adults with Incapacity
Adults with Incapacity- communication and assessing capacity
Child Protection
Appropriate Adults Scheme
Mental Health (Care and Treatment) (Scotland) Act 2003
Vulnerable Witnesses (Scotland) Act 2004 - information guide
Scottish Courts - Rules and Forms
Data Sharing: Legal Guidance for the Public Sector
Office of Public Sector Information (Acts and Statutory Instruments):
Survivor Scotland
Counselling, mediation, and victim support:
Criminal Injuries Compensation Scheme ( CICS), 2001:
Office of the Information Commissioner's framework code of practice for sharing information
Office of the Public Guardian
Public Concern at Work - provides legal, practical and policy advice on whistle blowing
Scottish Independent Advocacy Alliance
The Mental Welfare Commission ( MWC) for Scotland
The Princess Royal Trust for Carers
Victims of Crime in Scotland
Learning Outcomes -- Evaluation Comments
ASP Implementation - National Events -- September 2008
Evaluate the degree to which the training has been effective in enabling you to achieve the following learning objectives:
a) Understand the principles of the ASP Act and their implications for practice
b) Understand what is meant by the terms "adult at risk" and "harm"
c) Understand the Council's duty to make inquiries, about the duty of Co-operation, the duty to consider the importance of providing advocacy and other services and some implications for practice
d) Understand the functions of a council officer, health professional, police constable, and police officer in charge under the ASP Act
e) Understand the duties and powers in relation to visits and interviews under the ASP Act and some practice implications
f) Understand the duties and powers in relation to medical examinations and the examination of records under the ASP Act
g) Understand some of the practice implications of applying the ASP Act in relation to adults within managed or registered services
h) Understand the offences of obstruction under the ASP Act and refusal to provide information related to the Act
i) Understand in broad terms the key distinctions between the ASP Act, the AWI Act and the MHCT Act
j) Understand the terms ' serious harm' 'undue pressure' and how they might be applied in applications for Protection orders
k) Understand the requirements for consent and the term 'undue pressure' and how they apply to applications for Protection orders
l) Understand the potential uses of Assessment orders, Removal orders, and Banning orders the arrangements for them and the practice issues involved
m) Understand that there are police powers of arrest and duties of detention under the ASP Act
Please rate the value of the training overall
Please note any other comments: