Review of the Implementation of Part 5 of the Adults With Incapacity (Scotland) Act 2000: A Qualitative Study of Implementation and Early Operation

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2004

REVIEW OF THE IMPLEMENTATION OF PART 5 OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000: A QUALITATIVE STUDY OF IMPLEMENTATION AND EARLY OPERATION

Shirley Davidson, Heather Wilkinson, Gordon Urquhart, Fran Wasoff and Anne Mason

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CONTENTS

EXECUTIVE SUMMARY
CHAPTER ONE INTRODUCTION
BACKGROUND TO THE RESEARCH
AIMS AND OBJECTIVES
CHAPTER TWO METHODOLOGY
INTRODUCTION TO THE RESEARCH
STAGES IN THE DATA COLLECTION PROCESS
ETHICAL CONSIDERATIONS
STAGE 1: PROCEDURES FOR SENDING OUT QUESTIONNAIRES
STAGE 2: INTERVIEWS: TRAINERS, HEALTH AND SOCIAL CARE PRACTITIONERS AND ORGANISATIONS
STAGE 3: INTERVIEWS: RELATIVES AND CARERS OF ADULTS WITH INCAPACITY
LIMITATIONS TO THE RESEARCH
CHAPTER THREE TRAINING IN THE CASE STUDY AREAS
FUNCTIONS OF LOCAL AUTHORITIES
FUNCTIONS OF HEALTH BOARDS
FUNCTIONS OF GENERAL PRACTITIONERS
INTERVIEWS WITH THE PERSONS WHO ARRANGED TRAINING ON THE ACT
SUMMARY - TRAINING OF HEALTH AND SOCIAL CARE PRACTITIONERS
CHAPTER FOUR ANALYSIS OF POSTAL QUESTIONNAIRE DATA
THE SAMPLE
ANALYSIS OF QUESTIONNAIRES
SUMMARY
CHAPTER FIVE INTERVIEWS WITH PRACTITIONERS FROM HEALTH AND LOCAL AUTHORITY SECTORS
AWARENESS: EXPERIENCES OF PROFESSIONALS
SUMMARY - AWARENESS: EXPERIENCES OF PRACTITIONERS
CHAPTER SIX THEMES ARISING FROM INTERVIEW DATA
PROCEDURES RELATING TO SECTION 47 CERTIFICATES
DEFINITION OF "TREATMENT"
LAWFUL AUTHORITY
BUREAUCRACY
GOOD PRACTICE
NEXT-OF-KIN CONSENT
ASSESSMENT OF CAPACITY
DESIRE FOR MORE TRAINING
GENERAL PRACTITIONERS
DENTAL TREATMENT
SUMMARY
CHAPTER SEVEN ISSUES FOR RELATIVES AND THE WIDER PUBLIC
LACK OF AWARENESS ABOUT PART 5 ON THE PART OF RELATIVES
ISSUES RAISED WITH RELEVANT ORGANISATIONS
HEALTH AND SOCIAL CARE PRACTITIONERS
SUMMARY
CHAPTER EIGHT CONCLUSIONS
OPERATIONAL IMPACT OF PART 5
SUGGESTIONS MADE BY STUDY PARTICIPANTS
LEVELS OF AWARENESS
SUGGESTIONS MADE BY STUDY PARTICIPANTS ABOUT TRAINING
FACTORS THAT MAY FACILITATE OR INHIBIT IMPLEMENTATION
SUGGESTIONS MADE BY STUDY PARTICIPANTS
ANNEX ONE OBTAINING ETHICAL APPROVALS
APPROVAL FOR INCLUSION OF NHS STAFF, PATIENTS AND USERS, RELATIVES AND CARERS
ANNEX TWO POSTAL QUESTIONNAIRE
ANNEX THREE TOPIC GUIDE FOR HEALTH AND SOCIAL CARE PROFESSIONALS
ANNEX FOUR CONSENT FORM
ANNEX FIVE INFORMATION BOOKLET FOR CARERS
ANNEX SIX TOPIC GUIDE FOR CARER/RELATIVE

LIST OF TABLES

Table 2.1 Number of questionnaires sent out and numbers returned, by area
Table 2.2 Numbers of respondents who took part in Stage 2, by profession
Table 2.3 Voluntary organisations whose representatives were interviewed
Table 2.4 Professional organisations whose representatives were interviewed
Table 4.1 Number of questionnaires sent out and numbers returned, by area
Table 4.2 Number and % of respondents, by area
Table 4.3 Number of respondents by professional group, as a percentage of the whole
Table 4.4 Number of respondents by area and profession
Table 4.5 Sector in which respondents work
Table 4.6 Sector in which respondents worked, by area
Table 4.7 Length of service
Table 4.8 Whether respondent thinks they will need to make use of the Act, by area
Table 4.9 Use of different parts of the Act by those who said they might need to make use of the Act
Table 4.10 Whether respondent will use Part 5 of the Act, by sector 30
Table 4.11 Hours of training
Table 4.12 Hours training by sector 30
Table 4.13 How familiar with Part 5 of the Act and Code of Practice respondents feel, by area
Table 4.14 How familiar with Part 5 of the Act and Code of Practice respondents feel, by sector
Table 4.15 Respondents' experience of part 5 of the Act, by sector 33
Table 4.16 Respondents' experience of part 5 of the Act, by area
Table 5.1 Numbers of respondents who took part in Stage 2, by profession
Table A1.1 Number of days between obtaining MREC approval and obtaining local approvals, by LREC area
Table A1.2 Number of days between obtaining MREC approval and obtaining local social work approvals, by local authority area

ACKNOWLEDGEMENTS

The authors would like to express thanks to all the health and social care practitioners who took the time to complete the postal questionnaires sent out to them and to those who agreed to be interviewed as part of this study. Thanks are also due to the people who facilitated the sending out of the questionnaires. We are also grateful to those gatekeepers who introduced relatives of adults with incapacity to the study and to those relatives who agreed to be interviewed. Thanks also for the support received from the Centre for Research on Families and Relationships, Stirling University Department of Nursing and Midwifery and the research advisory group within the Scottish Executive.

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

Further copies of this report are available priced 5.00. Cheques should be made payable to The Stationery Office Ltd and addressed to:

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Page updated: Friday, January 23, 2009