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

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Closes 28 Sep 2021

Code of Practice - Questions

1a. Chapter 2 seeks to clarify understanding of the previous distinction between people who are unwilling, and those who are unable to protect themselves. How well do you think these objectives are fulfilled?

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1b. Secondly it seeks to provide greater clarity around issues of consent and capacity. How well do you think this objective is fulfilled?
2a. Chapter 3 seeks to strengthen the guidance around the duty to refer and the duty to cooperate. How well do you think these objectives are fulfilled?

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2b. Secondly, Chapter 3 seeks to significantly strengthen the guidance in relation to expectations regarding information sharing. How well do you think this objective is fulfilled?
3a. Chapter 5 seeks to give more detail in relation to the nature of referrals. How well do you think these objectives are fulfilled?

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3b. Chapter 5 also seeks to reflect the introduction of welfare concern referrals and IRD processes in some areas of Scotland. How well do you think this objective is fulfilled?
4. Chapter 6 seeks to clarify the relationship between an inquiry and an investigation. How well do you think these objectives are fulfilled?

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5. Chapter 8 is a new chapter, providing more specific guidance in relation to risk assessment, case conferences, protection plans and managing risk. It seeks to offer greater clarity and explanation around these issues. How well do you think these objectives are fulfilled?

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6. The chapters on protection orders have been rationalised. Chapter 11 now covers the common elements of protection orders, and the subsequent chapters (12-14) focus on each type of order separately. The intention is to make this section more user-friendly but still provide sufficient guidance and clarity. How well do you think these objectives are fulfilled?
7. If you would like to provide any comments or suggestions about the changes please do so here: