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Action on Elder Abuse

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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


1
Action on Elder Abuse
2
Adult Support Protection (Scotland) Act
  • Scottish Executive
  • Adult Support Protection Unit

3
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

4
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.

5
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

6
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

7
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

8
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

9
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

10
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.

11
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.

12
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

13
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

14
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

15
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

16
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

17
..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?

18
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.

19
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
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