« Previous | Contents | Next »
Listen
Chapter 3: Adult representation
1. This chapter covers advocacy and other support services.
Advocacy and other services
2. Section 6 places a duty on the council to consider the provision of appropriate services, including independent advocacy services, to the adult concerned, after making inquiries under section 4 of the Act.
3. Other services are not defined in the Act but consideration should be given to practical and emotional support provided by social work, health, voluntary sector and private sector providers. For example the provision of mainstream health and social care services such as housing, independent living, financial, occupational therapy, counselling, support for carers, and Community Health Partnership services etc.
4. It is important than any assistance or intervention must be well planned so that the adult is provided with the right kind of support. Particularly in cases of abuse, the adult must feel that they will be supported and listened to and that they will be able to keep control of the situation.
Independent advocacy services
5. The definition of independent advocacy services used in the Act is that given in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act which defines independent advocacy services as independent where they are not provided by a local authority; NHS Board or a member of the local authority or NHS Board. The adult should never be expected to pay for the services.
6. Independent advocacy services are a way to help the adult to get the information they need to make real choices and to make their views known.
7. Independent advocacy is provided by specialist organisations that do not provide any other services. It is however recognised that some organisations, such as voluntary sector disability rights groups, who may provide (non-independent) advocacy may also provide housing, financial advice and support services. In such cases it is important to establish any potential conflict of interest.
8. Further information is available from :www.siaa.org.uk
Safeguarders
9. Under section 41(6) of the Act, the sheriff has discretion to appoint a person to safeguard the interests of the affected adult at risk in any proceedings relating to an application. It may be that the sheriff will instruct the safeguarder to report on the issue of consent.
Assessing and managing communication difficulties
10. The adult should be provided with assistance or material appropriate to their needs to enable them to make their views and wishes known. Reasonable adjustments should be made to support the adult's needs wherever identified. Whenever possible, the adults should be asked which format for communication they prefer. This could be technical aids to support communication or information to be interpreted, translated or adapted.
11. There are various aids and adaptations which can support and enable communication, as well as 'human aids to communication' such as British Sign Language interpreters, lip speakers, Makaton, and deaf-blind communicators. Where possible, materials should also be available in alternative formats such as large print, audio tape, Braille and computer disc. Consideration should also be given to the surrounding environment. This can affect communication due to, for example, noise levels, provision of loop systems or lighting. These are just some examples of areas which should be taken into consideration.
Examples of support services that may help an adult
12. The following is illustrative only and does not comprise a comprehensive list.
Victim Support Scotland
13. This is the lead voluntary organisation in Scotland helping people affected by crime. It provides emotional support, practical help and essential information to victims, witnesses and others affected by crime. The service is free, confidential and is provided by volunteers.
14. Further information from www.victimsupportsco.demon.co.uk
Vulnerable Witnesses (Scotland) Act 2004
15. The Act provides support measures to help vulnerable adults participate more fully in court proceedings. A vulnerable witness is a witness in respect of whom. there is a significant risk that the quality of their evidence may be diminished by reason of fear or distress in connection with giving evidence at a trial. Special measures are intended to help vulnerable witnesses by providing appropriate support when they give their evidence to reduce any anxiety and pressure. It should be noted however that the final decision on whether to use special measures rests with the sheriff in court.
http://www.scotland.gov.uk/Publications/2005/04/04143522/35246
Appropriate adult schemes
16. The role of the appropriate adult is to facilitate communication between a mentally disordered person and the police and, as far as is possible, ensure understanding by both parties. The use of an appropriate adult is extended to all categories of interview - witness, victim, suspect and accused. Mental disorder is defined in the Mental Health (Care and Treatment) (Scotland) Act 2003 as any mental illness, personality disorder or learning disability however caused or manifested. It is the responsibility of the police to determine if someone is vulnerable and to initiate the appropriate adult scheme.
17. Appropriate adults are selected for their experience in the field of mental health, learning disabilities, dementia and/or acquired brain injuries. It is their role to pick up on clues and indicators that a person has not fully understood what they are being told or what they are being asked. The presence of the appropriate adult is about trying to ensure equality for the person being interviewed. It is not about advocacy or speaking on behalf of a person with a mental disorder, rather it is about an independent third party checking that effective communication is taking place and that the person being interviewed is not disadvantaged in any way due to their mental disorder.
18. Further information can be obtained from:
http://www.scotland.gov.uk/Topics/Justice/criminal/18244/Appropriate-Adult
Support for carers
19. It may be that adult's carer requires support to enable them to continue to support the adult. The Community Care and Health (Scotland) Act 2002 amends the Social Work (Scotland) Act 1968 to give carers a right to have their carer needs assessed by the local authority. It would be good practice to bring this assessment right to the notice of any carer providing a substantial amount of care where the carer appears to have unmet caring needs.
« Previous | Contents | Next »