Towards implementation of The Adult Support and Protection ( Scotland ) Act 2007 2nd edition: December 2007 | |
Welcome to the second edition of our 'Towards Implementation of the Adult Support and Protection ( Scotland ) Act 2007'.
This newsletter provides a short update on the work being done to implement the new Adult Support and Protection (Scotland) Act 2007 (the ASP Act).
In this edition we tell you about:
· our consultation on the draft code of practice for those carrying out functions under Part 1 of the Act and our proposals to define those individuals who may be authorised by a council to perform council officer functions, again under Part 1 of the ASP Act. A link to the consultation document is also provided to enable you to consider and respond to the proposals;
· accessing changes to the Adults with Incapacity (Scotland) Act;
· increased flexibility for local authorities in the tailoring of individualised self-directed support packages;
· commencement of provisions under Part 4 of the ASP Act which covers mental health; and
· the implementation of the Protection of Vulnerable Groups (Scotland) Act
2007, which addresses the suitability of persons undertaking regulated work with children and/or adults.
In this issue
Consultation on the code of practice and definition of council officer
Adults with incapacity
Self-directed support
Mental health
Protection of Vulnerable Groups (Scotland) Act
Contact details and links
We hope you find this newsletter helpful and welcome your feedback
If you have any suggestions for items we might include in future editions then please let us know.
Adult Care & Support Change Team
Scottish Government
The deadline for responses to the consultation on the draft code of practice and to define those authorised to undertake council officer functions is Friday 21 March 2008
Consultation: code of practice and definition of council officer
Part 1 of the ASP Act, scheduled to commence in the autumn of 2008, introduces new measures to provide support and protection for adults at risk of harm. Section 48 requires Ministers to prepare and consult on a code of practice containing guidance about the performance of functions under Part 1. Section 52(1) enables Ministers to restrict, by order, the type of individual who may be authorised by a council to perform functions given to council officers.
A national group of key stakeholders is working collaboratively with the Scottish Government to prepare for successful implementation of the ASP Act by further developing policy and by designing the necessary information and guidance for practitioners to help them discharge their functions. The draft code of practice and discussion paper on the role of the council officers represents their first outputs.
The purpose of the consultation is to ensure that the advice contained in the code of practice is accurate, practical and realistic and that council officer regulations precisely reflect the appropriate knowledge, skills and experience necessary to undertake the functions set out in the Act. Deadline for responses to the consultation is Friday 21 March 2008 . You can access the consultation document on the Scottish Government website using this link:
Consultation on the Code of Practice for Part 1 of the Adult Support and Protection (Scotland) Act 2007 (ASP) and associated regulations on performing Council Officer functions
Adults with incapacity (Part 2 of the Act)
A large number of the changes made by the ASP Act to the Adults with Incapacity (Scotland) Act were commenced on 5 October. The remainder which require Regulations or Rules of Court to enable them to become operational will be commenced in April 2008. For the details of the changes and their commencement date follow this link to the Scottish Government Adults with Incapacity website:
Self directed support (Part 3 of the Act)
Section 63 of the Act amends the Social Work (Scotland) Act 1968 and empowers the Scottish Ministers to make regulations delegating functions to local authorities in Scotland. The Community Care (Direct Payments) (Scotland) Amendment Regulations 2007 (SSI 2007/458) (the '2007 regulations'), which came into force on 12 November 2007, amend the Community Care (Direct Payments) (Scotland) Regulations 2003 (SSI 2003/243 as also amended by SSI 2005/114) ("the 2003 regulations") to facilitate increased flexibility in tailoring individualised self-directed support packages.
It remains the case that certain close relatives cannot be employed to provide support services. This general position remains important because of the very different relationships that a person would have with an employee and a family member and the conflicts of interest that can result from employing a close relative. However, a local authority may now exercise a discretion to allow the employment of a close relative, who would normally be prohibited, where the authority is satisfied that securing a service from that person is necessary to meet the beneficiary's need for a service, or that securing a service from such a person is necessary to safeguard or promote the welfare of a child in need.
Mental health (Part 4 of the Act)
Part 4 of the ASP Act provided for amendments to be made to the Mental Health (Care and Treatment) (Scotland) Act 2003. In 0ctober, Scottish Statutory Instrument 2007/334 (C.28) brought into force provisions relating to compulsory treatment orders. You can access the SSI here http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070334_en.pdf.
Remaining provisions relating to cross border issues are scheduled for introduction in October 2008.
Protection of Vulnerable Groups (Scotland) Act 2007 ('PVG Act)
Considerable activity is underway to implement the PVG Act. While the ASP Act primarily concerns the victims of harm, the PVG Act's key objective is to identify the perpetrators of harm and prevent such individuals from doing regulated work with either children or protected adults. Under the PVG Act, adults receiving a range of care and support services are 'protected' in the sense that the individuals who deliver these services will need to become members of the vetting and barring scheme. This scheme replaces and builds upon the current enhanced disclosure process. It will provide service users with some reassurance that those who deliver care and support to them have been considered for their suitability to undertake such work.
While the ASP and PVG Acts contain different definitions of adults, there will be circumstances when these definitions interact i.e. an 'adult at risk' will also be a 'protected adult'. The Scottish Government recognises the need for clear and detailed guidance on the operation of the PVG Act, including how it may interact with the ASP Act, and will involve stakeholders in its preparation. A consultation is currently underway on key aspects of subordinate legislation to clarify policy and operational aspects. You can access more information about the PVG Act through this link:
http://www.scotland.gov.uk/Topics/People/Young-People/children-families/pvglegislation
Contact details and links
If you would like to get in touch with any of the teams in the Scottish Government who are responsible for implementing the various parts of the ASP Act, you can do so as follows
Part 1: Protection of adults at risk of harm
Adult Care and Support Change Team
2 East Rear, St Andrews House
Edinburgh
EH1 3DG
Email: ASPUnit@scotland.gsi.gov.uk
Tel: 0131 244 5491
Part 3: Adult support etc - miscellaneous amendments and repeals
Sections 62, 65 & 66 only
Community Care Cross Cutting Policy & Finance
2 East Rear, St Andrews House
Edinburgh
EH1 3DG
Email: Jan.Raitt@scotland.gsi.gov.uk
Tel: 0131 244 3506
Section 63 - as Part 1 contact details
Sections 64 & 67- as Part 2 contact details
Part 4: Mental health - miscellaneous amendments and repeals
Mental Health Branch 3
3 East Rear, St Andrews House
Edinburgh
EH1 3DG
Email: mentalhealthlaw@scotland.gsi.gov.uk
Tel: 0131 244 2283
The first edition of the newsletter along with a short introduction to the Act and other related material can be accessed through this link:
Adult Support and Protection (Scotland) Act 2007