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

Comments from consultation sessions:-

Accessibility
No easy read versions of consultation available. Any updated Guidance needs to be more accessible and available in appropriate formats to allow adults to participate.
Referrals
Changes to the way referrals are categorised when submitted will impact Glasgow, and remove some discretion for staff to decide what is ASP and what is not. Higher numbers of referrals will have to be opened and progressed to DTI. Possible issues re how this will remain noted as an ‘ASP referral’ on client records. For Glasgow this will require changes to how referrals currently screened through SCD.
For the Police, a welfare referral is different from an ASP and that a consequence of these changes will be an increase in welfare referrals.
Issues of proportionality and human rights issues for the client and how Council uses legislative powers. Proposed changes to feeding back to referrers re outcome require closer consideration re confidentiality of client and service capacity to provide/receive this (in the case of agencies who submit a lot of referrals, like the Police).
Duty to Inquire & Investigations
Most work is currently done at DTI stage. Currently receive around 5000 referrals, of which about 300 will turn into investigation, given proposed changes, more referrals will move to investigation.
Currently scope for SCD staff to carry out visits at DTI stage, to help with gathering more info at DTI stage. Proposed changes around the requirement for a Council Officer to carry these out would have a significant impact on resourcing and staff. If visits to be carried out at Investigation stage, possibility for cases to be closed too prematurely? Will this impact on decision making to progress to Investigation? Query re how best to communicate at early stages with people who have disabilities or differing communication needs, complex needs.
Prescriptive guidance proposed would help to standardise practice across the areas, assist with reducing ‘drift’ in referrals and ownership of cases. Possibly need more clarity/ practical guidance for staff around use of visits and recording when needed etc. Goes some way to addressing current tension re communicating rights at visit stage in DTI process – clearer re responsibilities around advising adults around rights.
LSIs
In line with these proposals, would need clarity for Glasgow re what thresholds are for carrying out a LSI, procedures and management role, Commissioning Services role. LSIs would require more careful planning when the referral came in, if everyone if a care home (for example) needs to be opened as an ASP referral. Is this really the most restrictive response? Vs. increasing protective factors for all those involved.

Resourcing and Accessing Capacity
Generally welcome the way the proposed Guidance embeds ASP in all services, and adopts a trauma informed approach. Helpful to have a refresh including more up to date legislation and practice. A much wider interpretation around ability to safeguard, encompassing areas like MH, Addictions and CJS. Already challenges around assessing capacity vs. ‘lifestyle choices’. Need a nuanced way to balance early intervention/prevention with ASP and statutory duties, and how we employ these to support vulnerable adults effectively.
Keen not to be negative solely due to how proposed changes will impact staff and resources. Budgets and Business Cases will have to be scrutinised to see how we can adequately resource enhancing protection for vulnerable adults. This needs to be a wide approach, and not just consider how we can implement inadequate systems or processes.