ADSW / Adult Support and Protection (Scotland) Act 2007 Update

ADSW / Adult Support and Protection (Scotland) Act 2007

Briefing Note No 6. April 2009

This briefing note is an update from the ASPA Implementation meeting on 24th March 2009 and an ASPA Funding meeting held at CoSLA on 27th March 2009.

Funding. The funding for the implementation of the Act for 2009 / 2010 has been agreed at the level allocated for the first 6 months. A letter to this effect is to be sent from the SG next week – with each areas allocation tabled.

Survey CoSLA, the Improvement Service, SOLACE, SG and representation from ADSW (Alan Baird) met on 27th March to discuss the SG’s request to issue a survey to LA’s to identify “actual cost to date” of the implementation of the ASPA. It is proposed that this group be assisted by four councils – yet to be identified – to frame a survey. The current timeframe for completion of the survey is the end of May - with plans to issue the survey mid May, two weeks response time with an electronic format. Guidance may accompany the survey.

Protection Orders. A number (approx 6) of Protection Orders have been applied for around the country. Both Falkirk and North Lanarkshire were mentioned – the latter having successfully built a case for demonstrating “undue pressure”

Independent Chairs The SG has been trying to ascertain how many independent chairs have been established across the country. It would appear that many of the arrangements are still “interim” or “acting”. The SG are hoping to host a national APC chair / vice chair seminar in May / June

National Practice Forum on Information Sharing Blythe Robertson from the SG gave a short presentation on the work being undertaken by the National Practice Forum on Information Sharing and Ecare. Two stakeholder days were held in March that seemed to focus on information sharing in adult protection following the introduction of the ASPA. The group looked at roles / responsibilities across partnership agencies. The group identified 17 recommendations. Three options were suggested 1) develop a new technology solution; 2) use the ecare framework) or 3) build upon locally developed solutions. A report will be produced and will be circulated for fuller consultation.

Advertising Campaign The SG is planning to run an Advertising Campaign later this year on the ASPA (and possibly include more general public protection themes). This will involve a wide range of coverage in the media – TV, newspapers, public information leaflets etc. Stakeholders will be consulted about the campaign and will be informed of its timing (probably Sept / Oct 2009) in recognition of the increased awareness and consequence of increased activity around alerts/ referrals for all concerned.

Training and Awareness Raising

The SG has allocated funds to a few voluntary organisations e.g. SAMH, SIAA, Age Concern to deliver awareness raising and briefing sessions on the Act – to include both service users and carers. Feedback has been generally positive. However, the organisations present commented that they were receiving a high level of requests for attendance from statutory organisations – LA’s in particular.

LA’s and other statutory agencies are to be reminded that a significant amount of money has been allocated to the LA’s to deliver multiagency training and the LA must meet the requirements of these groups of staff

Community Health Partnerships have also been allocated funds for awareness raising and briefing of staff

Miscellaneous updates

Susan Hunter from EdinburghUniversity gave a presentation on the pilot Adult Protection Certificate course. It covered two semesters and focussed on four areas 1) policy and legislation;2)evidenced based practice, available knowledge, philosophical debate;3) risk assessment and 4) ethical dilemmas. Areas for further consideration include – interagency participation; work towards developing a national curriculum; establishing a “champions” network; incorporating the service user perspective.
James Taylor from the Prison Service stated that research was being undertaken looking at the experience of people with a learning difficulty / learning disability (still a difficulty about definition here) in the prison. Over 500 people identified with a learning disability, over 2000 people identified with a learning difficulty, neither category account for those with Acquired Brain Injury. The proposal is that those identified with LD will be given enhanced care but this has not been agreed yet.
Scottish Government and Scottish Consortium for Learning Disability (SCLD) held a Carers and Service Users Involvement conference last August to debate issues around the balance of protection and independence. A record of this conference has now been published – called “What It Means To Me” Copies can be requested from the SG or SCLD
The Prevalence Study (2007) about older people and abuse in community settings is to be followed up by a subsequent piece of research that will explore “Abuse in Care Homes”. This will be a UK wide study and is a Comic Relief funded project. The University of Stirling is reported to be involved.
The PVG Act (Protecting Vulnerable Groups) – introducing the Vetting and Barring Scheme – has become very complicated and now involves approx. 18 workstreams. It is not clear when this will be introduced in Scotland but there is recognition that the scheme and the additional protections it brings is required as soon as possible.
Feedback was given about a partnership event that was held in Highland exploring the role / remit of the variety of protection committees in situ / their overlap and how to streamline the functions and requirements. The feedback was very positive
SG assisting with funding a “Transitions Conference” on 21st April 2009. CCPS, SG, Camphill all participating. Shona Robison MSP will hold an open forum
A question was raised about how appropriate it was for LA’s to undertake AP investigations in their own care settings. This has been raised previously and Jean MacLellan undertook to discuss this with her colleagues who are contributing to developments in scrutiny approaches

Val de Souza

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