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Action on Elder Abuse


Scottish Vetting & Barring Scheme creates a Central Barring Unit to take ... on basis of referrals to Central Barring Unit and exchange of information which ... – PowerPoint PPT presentation

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Title: Action on Elder Abuse

Action on Elder Abuse
Adult Support Protection (Scotland) Act
  • Scottish Executive
  • Adult Support Protection Unit

  • 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

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.

  • 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
  • Need for alternatives to MH Act for compulsory
    care of those with a learning disability

What will the Act do?
  • Introduces new adult protection powers and
  • Establishes multi-agency Adult Protection
    Committees to oversee strategic and operational
    effectiveness of prevention protection
  • 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

Aim of the Act
  • Intention of this legislation is to provide the
    means to intervene prevent abuse continuing
  • 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

General Principles
  • Intervention must provide benefit to the adult
  • Actions should be most supportive least
  • 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

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

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.

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.

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

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

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

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

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

..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?

Protection of Vulnerable Groups(Scotland) Act
  • Scottish Vetting Barring Scheme creates a
    Central Barring Unit to take decisions on
  • 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.

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