Minutes of the 3rd meeting of the Adult Support and Protection ( Scotland ) Act Implementation Group held on Wednesday 31 October 2007

Present:

Jean MacLellan (Chair) Scottish Government: Adult Care and Support: Change Team

Natalie Frankish (minutes) Scottish Government: Adult Care and Support: Change Team

Jess Alexander Scottish Social Services Council

Lynn Anderson Scottish Government: Adult Care and Support: Change Team

Jan Baird NHS Highland

Ronnie Barnes British Association of Social Workers

Shaben Begum Scottish Independent Advocacy Alliance

Hannah Cornish Scottish Independent Advocacy Alliance

Lisa Curtice Scottish Consortium for Learning Disability (for Andy Miller)

Val de Souza Association of Directors of Social Work

Hazel Dewart Scottish Government: Adult Care and Support: Change Team

James Elder-Woodward Inclusion Scotland

Margaret Anne Gilbert Mental Welfare Commission

Linda Headland Community Care Providers Scotland

Ian MacMaster Scottish Care

Dave McLeod Scottish Government: Adult Care and Support: Change Team

Dr Mini Mishra Scottish Government Health - Primary and Community Care

Nicola Smith Enable Scotland

Gill Swapp Care Commission

James Taylor Scottish Prison Service

Inspector Peter Willox, Association of Chief Police Officers in Scotland

Apologies:

Linda Allan NHS Glasgow

Ann ferguson Age Concern Scotland

Professor James Hogg Dundee University

Andy Millar Scottish Consortium for Learning Disability

Stephen Porter Social Work Inspection Agency

1. Welcome and introductions

Noted 1: Jean MacLellan welcomed all members to the third meeting of the group. As there were a number of new members, brief introductions were made by all.

Noted 2: A virtual task group, comprising representatives from each of ADSW's community care sub groups, has been set up by ADSW to support Val de Souza in her implementation group role.

Noted 3: Val de Souza has accepted an invitation to sit on the Care Commission's Adult Support and Protection Implementation Group which has been set up to look at how Care Commission policy fits with legislation and training needs.

Agreed: The importance of group members keeping each other in touch with related activities they are involved in outside this group.

2. Minutes of the last meeting and matters arising

Agreed: The minutes were accepted as accurate following an amendment to the last bull point on page 4. The second sentence should now read "Although it was mentioned that the Lothian and Scottish Borders have developed an inter-agency training video on adult protection training."

Action: Minutes to be amended as agreed.

3. Short Introduction to Part 1 document

Noted: Brief outline of the draft revised paper incorporating, where possible, the outcome of discussions at previous meetings. Not all suggestions were able to be taken on board as some proposed revised wording would have distorted the legal meaning of the Act. General discussion on the content of the document was agreed subject to some minor changes including:

· re-wording bull point three on page three to make it easier to understand;

· bringing forward the text on advocacy services to the start of the sub-section about the duties and powers contained in the Act; and

· producing an easy read version.

Action: Lisa Curtice and Hazel Dewart to liaise on the development of an easy read version of the short introduction.

4. Code of Practice

Noted 1: Update on progress of the code which was developed by three separate sub-groups working on different chapters of the document. As part of the work to draw together the drafts produced by the sub-groups, a revised version of the first 20 pages was also tabled for group consideration.

Noted 2: Discussion about content and structure highlighted:

· that the background section on page seven of the tabled paper is too passive;

· a need to highlight person centred approach;

· a need to address overlaps between child protection and adult protection;

· a request for advocacy to be given a more prominent role and for it to be moved into the safeguarders section;

· reference to data-sharing partnerships to be strengthened;

· a request for more clarity about the provision and examination of records, particularly with regard to 3rd party information;

· a need to clarify information sharing boundaries and for agreement on managing information when it has been shared i.e. in terms of destroying it, returning it after use etc.;

· an issue in relation to the definition of 'health profession' in the Act and suggestion that medical examinations can only be carried out by doctors and not members of clinical professions;

· revise the wording in the penultimate bull point on page 11 of the tabled paper along the lines of consider whether the individual needs help to communicate and where a need is assessed…

· community responsibility to be highlighted by expanding the focus in the section What might trigger an inquiry on page 19 of the tabled paper to include the general public, community groups such as clubs and churches, and employers;

· a need to include text in the introduction about societal responsibility;

· need to include an explanation of what EHCR compliance is and that the Act is ECHR compliant; and

· a need for a legal view on content.

Noted 3: Request for clarification of a removal order in terms of the seven day period. While the Act enables a removal order to last for up to seven days, the removed adult is able to leave at anytime within that seven days. Training materials could help to clarify this.

Noted 4: Draft guidance on Adult Protection Committees will be developed shortly.

Action: Adult Care and Support Change Team to revise document in line with discussions ready for consultation.

Agreed: The group's appreciation about the extent of work undertaken by the sub-groups in the initial development of the draft.

5. Council Officer consultation paper

Noted 1: Brief overview of the draft consultation paper. The intention to consult on both the code of practice and the definition of a council officer in one document by the end of November.

Noted 2: General consideration of the content of the draft paper covering:

• a discussion on disclosure:
• separating it from investigation;
• noting that disclosure could be to anyone, making it very broad and impossible to tie down to a specific group or type of people;
• the impossibility of legislating who an adult should disclose to;
• noting that the person who receives the information is the one who has the responsibility of knowing what to do with it;
• passing on information and therefore linking in with council officer procedure;
• the current duty of service workers to report disclosure; and
• the use of two levels of learning outcomes:
• raising awareness; and
• taking forward received information;
• including a paragraph setting out who should be excluded from the role of council officer;
• the appropriate use of terminology including not using the term 'provider';
• a suggestion that a person with whom the adult at risk has a close relationship working alongside the professional as good practice;
• concern that 'council officer' immediately writes off anybody employed within the independent sector;
• concern about the availability of work staff;
• the need to ensure that protection orders and the more onerous functions under the Act are carried out by reasonably experienced and trained professionals;
• conflicts of interest and the importance of the code emphasising that suspected abuse within an institution should not be investigated by that institution;
• considering whether the West Lothian Community Health and Care Partnership inter agency level 1 and 2 training packages might be helpful in developing regulations for council officers:

Agreed: The points raised to be taken into account in producing the revised version of the paper.

Action: Adult Care and Support Change Team to circulate revised draft.

6. Communications Strategy

Noted: Brief introduction to the draft communications strategy paper followed by general discussion on content. Main points from the discussion included:

· a request to consider using more practical examples / scenarios;

· ensuring consistent key messages in all communication material;

· a need to emphasise the Act's key messages; and

· the need to remember that the communications process is a two way activity and account needs to be taken of feedback

Agreed: Useful paper which will help give focus to the communication work of the group.

7. Protection of Vulnerable Groups ( Scotland ) Act

Noted: Tabled paper and oral update summarising progress since the last meeting. Group members encouraged to attend and participate in one of the free consultation events taking place at different locations throughout Scotland. Concern that some members had not been made aware of these events through their own organisations.

Action: Adult Care and Support Change team to forward details of consultation events to all group members.

8. Any other business

8.1 Newsletter

Noted: The newsletter originally planned for August will now be published towards the end of November. A discussion on possible content included a suggestion that it include an update or training materials progress

Action: Members to forward any suggestions / contributions for the second newsletter to Hazel Dewart by Wednesday 21 November.

9. Date of Next Meeting

Noted: The next meeting of the Group will take place on Wednesday 30 January between 10:30am and 2:00pm in Conference Rooms C and D, St Andrews House, Edinburgh.