MEL No 43/1998

Police Circular No 7/1998

SWSG Guidance Package Index Ref: F.13

23 June 1998

To all holders of the SWSG/SWSI Circulars and Guidance Package

(Circular only, no guidance booklet)

Dear Sir/Madam

INTERVIEWING PEOPLE WHO ARE MENTALLY DISORDERED: "APPROPRIATE ADULT" SCHEMES

A Circular on "Appropriate Adult" Schemes was issued jointly by the Health, Police and Social Work Divisions of The Scottish Office on 19 June 1998. The copy attached is sent to you as a holder of the SWSG/SWSI Guidance Package for insertion into Section F13 of the package.

A limited number of copies of the guidance booklet are available by contacting either Alison Ross, The Scottish Office Home Department, Police Division, Room E1-5a, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, (0131 244 2149, or by contacting Carol-Ann Gray at the above address, Room 37b, ( 0131 244 5409.

Yours faithfully

JOHN WILLIAMSON

Identity No: Police Circular No 7/1998, SWSG Circular No 8/1998, MEL No 43/1998

Title: Interviewing People Who Are Mentally Disordered: "Appropriate Adult" Schemes

Addressed to: Police: Chief Constables

Chief Executives,

Dumfries & Galloway Council

and Fife Council

Clerks to the Joint Police Boards

SWSG: Directors of Social Work

Voluntary Umbrella Bodies

Major Social Work Providers

MEL: General Managers, Health Boards

Chief Executives, NHS Trusts

Local Health Councils

Other Relevant Health Organisations

Dates

Issued: 19/6/1998

Implementation: Immediate

Dear Colleague

Purpose of circular

1. This Circular provides model guidance for the establishment and operation of appropriate adult schemes in Scotland. The guidance describes procedures to be adopted when the police deal with people, as witnesses (including victims), suspects or accused, who are mentally disordered. It supersedes Scottish Home and Health Department Circular - Police (CC) No 2/90 issued on 31 July 1990, which is now cancelled.

Definition of mental disorder

2. Mental disorder is defined in the Mental Health (Scotland) Act 1984 as "mental illness or mental handicap however caused or manifested". For the purposes of this Circular and guidance this includes people who are mentally ill, people with a learning disability, those with acquired brain damage and people suffering from dementia.

3. It would not be appropriate to call on the services of an appropriate adult where a person’s mental faculties have been solely and temporarily impaired through the influence of drugs or alcohol.

Status of guidance

4. The guidance attached to this Circular does not have any statutory or legal authority in Scotland but, following consultation with the agencies concerned, is considered to represent good practice.

Background

5. The rights and obligations conferred by statute and common law apply equally to any individual who comes into contact with the police but special care and understanding is required when dealing with mentally disordered people. The role of the appropriate adult is to ensure that a mentally disordered person is not disadvantaged, during a police interview, as a result of the disorder from which he or she suffers. Unless proper interviewing procedures are followed, the courts may not accept the testimony of a mentally disordered person

Scope

6. The guidance attached to this Circular is intended to cover appropriate adult schemes for mentally disordered adults who are the subject of a police interview, as a witness (including a victim), suspect or accused. Such schemes may also extend to support for subsequent court appearances of the mentally disordered person, if this is agreed locally.

Resources

7. The benefits of appropriate adult schemes can far outweigh the cost of running them in ensuring that the evidence presented to courts is as full and reliable as possible. Experience of existing schemes shows that running costs are small and that they are mainly resourced in kind through contributions from participating agencies, usually in the form of a commitment of staff time. However, it will be necessary to devote some funds to appropriate adult schemes to cover, for example, the costs of training; the expenses of appropriate adults who are not employees of participating agencies in attending interviews; and the cost of developing and maintaining information systems. It will be for local agencies to agree joint funding of any such costs from within existing resources, and to make imaginative use of all possible sources of funding.

Action

8. Appropriate adult schemes are expected to operate on an inter-agency basis and it will be for relevant statutory and voluntary agencies within each area to decide which should become the lead agency according to local circumstances. It is suggested that social work departments should initiate the process of establishing appropriate adult schemes by arranging a meeting of chief officers of relevant statutory and voluntary agencies. (It may be sensible for a single scheme to cover an entire police force area, and for social work departments therefore to collaborate where appropriate in fulfilling this function.) The group of chief officers would then become the steering committee for the scheme in a particular area. Convening such a meeting does not, however, imply that the social work department will necessarily become the lead agency.

9. Where appropriate adult schemes already exist the opportunity should be taken to review the operation of these schemes in the light of the guidance.

Reporting

10. The Scottish Office wishes to encourage the establishment of appropriate adult schemes throughout Scotland by 30 June 1999 and seeks periodic reports on progress towards that goal. Once a decision has been made about the lead agency, and not later than the end of September 1998, details should be forwarded to The Scottish Office at the address below and should include the name and official address and telephone number of a nominated contact officer. Reports on the progress being made towards establishing appropriate adult schemes will then be sought from the lead agency in each area 6 months from the date of this Circular.

Queries

11. The information requested at paragraph 7 above, should be addressed to Miss Alison Ross, The Scottish Office Home Department, Police Division, Room E1-5a, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD. Telephone 0131 244 2149. Any queries regarding the contents of this Circular and attached guidance should be addressed to the following contacts:-

11.1 Police enquiries - As in paragraph 11 above.

11.2 Social Work enquiries - Mr Neil Rennick, The Scottish Office Home Department, Social Work Services Group, Room 48C, James Craig Walk, Edinburgh, EH1 3BA. Telephone 0131-244 5389.

11.3 National Health Service enquiries - Mr Phil Harley, The Scottish Office Department of Health, Health Care Policy Division, Room 264, St Andrew’s House, Edinburgh, EH1 3DG. Telephone 0131-244 2426.

I A SNEDDEN GAVIN ANDERSON JOHN ALDRIDGE

POLICE DIVISION SOCIAL WORK MANAGEMENT EXECUTIVE SERVICE GROUP NHS IN SCOTLAND