Action on Elder Abuse

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Action on Elder Abuse
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Adult Support Protection (Scotland) Act

• Scottish Executive
• Adult Support Protection Unit

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Background

• Scottish Law Commission 1997 Report on
  Vulnerable Adults recommended new legislation
• Millan Committee report 2001 took forward aspects
  of the SLC recommendations for mental health
• ...but also recommended that the remaining
  proposals be taken forward

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Existing Legislation

• Adults with Incapacity (Scotland) Act 2000
  protected those with incapacity
• Mental Health (Care Treatment) (Scotland) Act
  2003 protected those with a mental disorder
• but those who are frail, older, or those unable
  to protect themselves from harm/abuse or subject
  to exploitation/neglect were still not covered.

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Consultation

• Most recent consultation held in 2005 sought
  views on adult protection measures
• Definitions
• Role of Adult Protection Committees
• Risk assessment management
• Role of mediation
• Use of guardianship for those with learning
  disability
• Need for alternatives to MH Act for compulsory
  care of those with a learning disability

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What will the Act do?

• Introduces new adult protection powers and
  procedures
• Establishes multi-agency Adult Protection
  Committees to oversee strategic and operational
  effectiveness of prevention protection
  interventions
• Includes other amendments to primary legislation
• AWI Mental Health Acts
• Ordinary residence rules
• Liable relatives
• Direct payments procedures
• Mostly technical amendments to clarify
  legislative intent more clearly

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Aim of the Act

• Intention of this legislation is to provide the
  means to intervene prevent abuse continuing
  consistently!
• To put in place strengthened measures to give
  greater protection for those at risk from abuse
• To improve inter-agency co-operation and
  promotion of good inter-disciplinary practice

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General Principles

• Intervention must provide benefit to the adult
• Actions should be most supportive least
  restrictive
• Must have regard to
• wishes of adult, nearest relative, carer
• importance of adults participation
• adult must not be treated less favourably
• adults abilities, background and characteristics

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Adult Protection Measures

• The Act will provide new powers to
• Investigate suspected abuse
• Carry out assessments of the adult their
  circumstances
• Intervene to remove the adult or manage the risk
  of abuse
• If necessary as last resort, to exclude the
  perpetrator
• If necessary as a last resort, to force entry
  to perform the above functions

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Key Definitions

• adults at risk are adults, aged 16 and over,
  who -
• are unable to safeguard their own well-being,
  property, rights or other interests,
• 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.

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Key Definitions

• harm includes all harmful conduct and, in
  particular, includes -
• conduct which causes physical harm,
• conduct which causes psychological harm (e.g. by
  causing fear, alarm or distress),
• unlawful conduct which appropriates or adversely
  affects property, rights or interests (e.g.
  theft, fraud, embezzlement or extortion),
• conduct which causes self-harm.

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Consent of the adult

• Protection orders should not be granted without
  consent of adult
• But refusal to consent can be ignored where it is
  believed that the adult had been unduly
  pressurised to refuse consent
• This will be balanced by guiding principles

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Undue pressure

• Adult at risk may be considered to have been
  unduly pressurised to refuse to consent..if it
  appears -
• that the abuse.is being inflicted by a person in
  whom the adult at risk has confidence and trust,
  and
• that the adult at risk would consent if the adult
  did not have confidence and trust in that person

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Adult Protection Committees (APC)

• Councils will have a duty to establish an APC
• To review procedures practices
• To promote good practice
• Identification of inter-agency training needs
• Improving co-operation between a range of public
  bodies

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Related developments

• List of those deemed unsuitable to work with
  adults consultation in 2004 is now part of the
  Protecting Vulnerable Groups (Scotland) Act 2007
• Those with a learning disability who are
  compulsorily detained via Mental Health Act
  consulted on as part of 2005 consultation work
  ongoing to take forward policy rather than law

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Where we are now

• Bill was introduced to Scottish Parliament on 30
  March 2006
• Stage 1 general principles of the Bill was
  considered by 10 November 2006. Stage 1 Debate
  23 November 2006
• Stage 2 consideration of detail was on 12 and
  19 December 2006
• Stage 3 secured Parliamentary approval on 15
  February 2007
• Royal Assent circa 15 March 2007

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..and beyond

• Development of appropriate guidance and Codes of
  Practice in consultation with stakeholders -
  section 45
• Development of appropriate guidance relating to
  functions of APCs - section 44
• Consult on subordinate legislation on Council
  Officer - section 49
• Commencement of measures April 2008?

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Protection of Vulnerable Groups(Scotland) Act

• Scottish Vetting Barring Scheme creates a
  Central Barring Unit to take decisions on
  unsuitability
• Mirrors Safeguarding Vulnerable Groups Act within
  UK Parliament
• Introduces List of Adults unsuitable to work with
  protected adults
• Includes Childrens List (repeals PoCA 2003)
• Commencement from Autumn 2008.

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Protection of Vulnerable Groups(Scotland) Act

• Protected Adult service-based definition i.e.
  adult is receiving care and support from a person
  doing regulated work
• Regulated work with adults whose normal duties
  or position involve contact with protected adults
  (paid or unpaid)
• Harm/Risk of Harm physical, psychological,
  misappropriates property or interests etc.
• Operates on basis of referrals to Central Barring
  Unit and exchange of information which may be
  relevant to persons suitability
• Delivers continuous updating of relevant
  information