Adult Support and Protection (Scotland) Act 2007: updated Code of Practice and Guidance for Adult Protection Committees

From 6 July to 28 September 2021, the Scottish Government undertook a consultation on its proposals to update the Adult Support and Protection Code of Practice and Guidance for Adult Protection Committees. Users of this guidance are professionals and practitioners who require to implement the Adult Support and Protection (Scotland) Act 2007 within the context of their work.

The aim of the consultation was to ensure guidance takes account of policy and practice developments, and current legislation. In order to ensure the revised guidance met the needs of its users, we consulted with targeted stakeholder groups including public bodies named in the Act to review and comment on our changes.

From 6 July to 28 September 2021, the Scottish Government undertook a consultation on its proposals to update the Adult Support and Protection Code of Practice and Guidance for Adult Protection Committees. Users of this guidance are professionals and practitioners who require to implement the Adult Support and Protection (Scotland) Act 2007 within the context of their work.

The aim of the consultation was to ensure guidance takes account of policy and practice developments, and current legislation. In order to ensure the revised guidance met the needs of its users, we consulted with targeted stakeholder groups including public bodies named in the Act to review and comment on our changes.

For the Code of Practice section, there were 56 written responses in total. Of those who responded there were nine from individuals, and 47 from organisations. Not all respondents answered every question.

You told us that you generally supported the need for the revised Code of Practice. The majority of respondents felt that the proposed revisions met the objective of each question either completely or mostly. You said you mostly felt positive that updating and reordering chapters, would provide further clarity and produce more user-friendly documents.

You raised a number of recurring key issues in your feedback, including transitions for young people; greater clarity required around ASP procedures and processes, and recognition of the need for wider consistency nationally.

The proposals for the Guidance for Adult Protection Committees (APC) received 42 responses. This Guidance is expected to be used in conjunction with the full Code of Practice (and so APC practitioners will read both), but not everyone using the Code of Practice has need of the APC guidance.

Overall, you said you agreed with the proposals and again felt that the objectives were completely or mostly met. There were positive responses to new sections which were felt to offer greater clarity and better understanding of the expected collaboration and communication between differing agencies.

Again, you raised recurring themes, which were broadly similar to the ones raised in the Code of Practice section.

We would like to thank everyone who participated in the consultation process. The views and feedback received were extremely helpful in shaping our revisions to the ASP Code of Practice and Guidance for Adult Protection Committees.

We have introduced enhanced guidance and information to reflect the wider reach and application of the Adult Support and Protection (Scotland) Act, and expanded the section on harm, providing links and more detail around the types of harm individuals may experience. A new addition, which again is intended to meet with practice developments, is an increased focus on applying a trauma informed approach to ASP. This was widely welcomed by respondents.

We have included wider detail around types of harm individuals may experience. We have added sections on risk and risk assessment. We have expanded the section on information sharing and offered links to case studies, and re-ordered the guidance to ensure easier flow of reading and navigating.

The Scottish Government's analysis of responses to the Adult Support and Protection Code of Practice and Guidance: Consultation has been published.

The responses, along with accompanying discussions and engagement events, have helped to inform the revised Adult Support and Protection Code of Practice and Guidance for Adult Protection Committees.