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1. INTRODUCTION
1. This guidance is issued under section 47 of the Adult and Protection Scotland) Act 2007 and requires councils to consider their responsibility to set up APCs as outlined in sections 42 - 46. The Act was passed by the Scottish Parliament in February 2007. It is in five parts. Part 1 of the Act deals with the protection of adults at risk of harm. Parts 2, 3 and 4 streamline and improve existing legislation by amending the Adults with Incapacity (Scotland) Act 2000; Mental Health (Care and Treatment) (Scotland) Act 2003; and the Social Work (Scotland) Act 1968. Part 5 is mainly procedural, to ensure that the Act operates effectively.
2. This guidance principally relates to Part 1 although Annex 1 covers other provisions in more detail. It should be read in conjunction with the Act itself, the associated Code of Practice and other related legislation including the Adults with Incapacity (Scotland) Act 2000 and the Mental Health Care and Treatment (Scotland Act 2003. These Acts can be accessed through the following links:
Adult Support and Protection (Scotland) Act 2007 (asp 10)
Adults with Incapacity (Scotland) Act 2000 (asp 4)
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
Main provisions of Part 1
3. Part 1 introducesnew measures to identify and protect 'adults at risk of harm' which include:
- placing a duty on Councils to make inquiries and investigations to establish whether or not action is required to stop or prevent harm occurring;
- a requirement for specified public bodies to co-operate with local councils and each other in investigating suspected or actual harm;
- the introduction of a range of protection orders including assessment orders, removal orders and banning orders; and
- a legislative framework for the establishment of local multi-agency Adult Protection Committees ( APCs) across Scotland.
Role of Adult Protection Committees
4. APCs have a significant role in ensuring cooperation and communication within and between agencies to promote appropriate support and protection for adults. While sections 4 to 38 of the Act provide for specific interventions, the principles of the Act, set down in sections 1 and 2, provide the need that such interventions must be proportionate and must provide benefit to the adult which could not reasonably be provided without intervention and must be the least restrictive option available which benefit the adult.
5. Some councils have APC-type structures already in place, but the Act creates a duty for councils to provide for APCs across Scotland. The statutory requirements relate to the establishment, membership and some procedures of the Committees and provide a general framework for how APCs should operate. However, policies and procedures are to be developed and agreed locally to reflect local needs, with each APC providing a biennial report to the Scottish Ministers which will report on the exercise of the Committee's functions and will enable effective monitoring of committees' work.
6. APCs will need to reach an initial view about the management information requirements to be in place from the date the legislation is implemented:
- to determine the local role for the APC;
- to arrange for representation on the APC; and
- to make the arrangements for appointing its convener.
7. Annexes 2 and 3 provide examples of a potential dataset for reporting on adult protection and a potential framework for audit and evaluation.
8. The following pages set out the provisions relating to APCs in full, with guidance on meeting statutory obligations.
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