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

Closes 28 Sep 2021

Opened 6 Jul 2021

Overview

The Adult Support and Protection (Scotland) Act 2007 (the Act) was implemented in 2008, at which time the Scottish Government published an Adult Support and Protection Code of Practice and also Guidance for Adult Protection Committees (APC). A revised Code of Practice was published in 2014. 

The Act places Scottish Ministers under a duty to review the Code of Practice from time to time and provides a power following such review to revise it. There has been no previous revision to the Guidance for Adult Protection Committees.

The Minister for Mental Health agreed to a refresh of the Adult Support and Protection Code of Practice and Adult Protection Committee Guidance last August. The new Minister for Mental Wellbeing has endorsed the move to consult.

The purpose of the refresh is to ensure Adult Support and Protection guidance takes account of policy and practice developments since the Act was introduced in 2007, and thus bring the guidance up to date with current legislation and relevant changes in policy and legislation.

In order to ensure the revised guidance meets the needs of its users, we wish to consult with targeted stakeholder groups including public bodies named in the Act to invite review and comment. Users are managers, practitioners and bodies who implement the Act and work in the field of Adult Support and Protection.
 

Action taken to refresh the guidance:

The Chair of the Adult Support and Protection (ASP) National Convenors Scotland Group, was commissioned to undertake the role of lead reviewer for the refresh of the ASP Code of Practice and Guidance for Adult Protection Committees.

That work, which started in August 2020 and was completed in March 2021, included a number of workshops with professional bodies and overseen by a Reference Group consisting of membership from the National Strategic Forum and key public bodies. The draft changes to the guidance were then submitted to the Adult Support and Protection Policy Team who shared it with relevant policy interests for consideration ahead of a wider consultation.

Why we are consulting

Read the Code of Practice consultation paper. 

Read the Guidance for Adult Protection Committees consultation paper.

We are keen to seek views on both documents from key stakeholders and organisations, to ensure that the updated documents are as meaningful and useful to practitioners as possible. To allow for our stakeholders to have sufficient time to review and discuss the guidance, then prepare and return their responses, our consultation model runs for 12 weeks. Where possible the engagement will be through existing networks and make allowance for the Covid-19 context, with virtual meetings and online responses.

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  • Health and Social Care