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Adult Support and Protection Code of Practice

DescriptionThis revised Code of Practice is to replace the Code of Practice published in 2008.
ISBN9781784124380
Official Print Publication Date
Website Publication DateMay 02, 2014

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ISBN 978 1 78412 438 0 (Web only publication)
DPPAS 28814

This document is also available in pdf format (639k)

Errata

An errata was published on 04/07/2014. This was to make minor changes to:

  • The Content table to reflect the correct titles in the Code of Practice, namely:
    Chapter 3 ‘alcohol and drug misuse’ was amended to ‘Problematic alcohol and drug use’
    ‘Assessing and managing risk of harm’ to ‘Assessing and managing the risk of harm’
    Chapter 4 - addition of section title ‘What are the council’s power under the Act’
    Addition of section title ‘A multi-agency approach to decision making
    Chapter 5 - deletion of section title ‘Multi –agency meetings
    Addition of section title ‘Meetings of agencies with the adult at risk’
    Chapter 6 - ‘When an adult declines to participate’ to ‘Where an adult at risk declines to participate’
    Chapter 7 - Deletion of ‘an investigation visit’, replaced with ‘A visit as part of an adult protection investigation’
    Addition of section title ‘Large Scale Investigations’
    Chapter 8 - ‘What are an adult’s rights during an interview’ replaced by ‘Considering the adult’s rights during an interview’
    Chapter 11, 12 and 13 - ‘Can an order be granted without an adults’ consent?’ replaced by ‘Can an order be granted or enforced without an adults’ consent?’
    Chapter 12 - ‘who is responsible for caring for the adult’s property?’ replaced by ‘Who has responsibility for caring for the adult’s property?’
    Chapter 13 - Who must the police notify when someone is arrested under Section 28?’ replaced by ‘What must the police do when someone is arrested under Section 28?’
    Chapter 15 - ‘Representation of service users’ and carers’ interests’ replaced by ‘Representation of the interests of adults receiving services and carers’
    ‘Monitoring, reporting and review’ replaced by ‘Monitoring, review and reporting’
  • Chapter 3 - paragraph 8 - ‘Further information on capacity and consent which is a complex area can be found in Chapter 8 and Annex A no 2-4, 12&20 (human rights) and 24 (Mental welfare commission…), 20 is replaced by 21 and 24 replaced by 25.
  • Chapter 4 – paragraph 2 – ‘For further information on the principles, please refer to Chapter 1’, Chapter 1 is replaced by Chapter 3.
  • Chapter 5 – paragraph 9 – ‘refer Annex B no 18’ is replaced by ‘refer to Annex A no 19’.
  • Chapter 6 - paragraph 14 – ‘refer to Annex B no 8’ is replaced by ‘refer to Annex A no 8’.
  • Chapter 8 – paragraph 16 – ‘see Chapter 9’ is replaced by ‘see Chapter 11’
  • Chapter 12 – 7 and 8 – ‘Chapter 1’ is replaced by ‘Chapter 3’; paragraph 10 ‘Chapter 3’ is replaced by ‘Chapter 5’ and paragraph 14 ‘please refer to paragraphs 23 to 28’ is replaced by ‘please refer to paragraphs 23 to 27’.
  • In Annex A, link no 6 ‘Alcohol and drug partnerships’, the link has been changed to http://www.ssks.org.uk/topics/drug-and-alcohol/

The pdf and html have been updated to reflect these changes.

Contents

Chapter 1: About this code

What is the purpose of this code?

What is the status of this code?

Who developed this code?

Who is this code for?

European Convention on Human Rights compliance

Subordinate legislation

Chapter 2: Introduction to the Act

Background

What does Part 1 of the Act do?

How does Part 1 safeguard the adult?

Chapter 3: Principles and definition of adult at risk

Taking account of the principles of the Act

Principles for performing functions

Who is an adult at risk?

Problematic alcohol and drug use

Young people in transition

Harm

Self-directed support

Assessing and managing the risk of harm

Chapter 4: Duties and powers of the council and other agencies, the role of the council-officer and independent and third sectors and cooperation across organisations and professionals.

General principles

What are a council's duties under the Act?

What are the council’s power under the Act?

Duty to co-operate

General practitioners

Independent and third sector providers

A multi-agency approach to decision making

Chapter 5: Adult Participation

Independent advocacy services

Multi-agency meetings

Appropriate adult schemes

Meetings of agencies with the adult at risk

Carers

Vulnerable Witnesses Act

Audit

Chapter 6: Inquiries

When should a council make inquiries?

Referrals

Inquiries

Where an adult at risk declines to participate

Possible intervention outwith or in conjunction with the Act

Where no action is required

Chapter 7: Adult protection investigations

A visit as part of an adult protection investigation

What is the purpose of a visit?

What should be considered prior to a visit?

Who may undertake a visit?

What places may be visited?

When can a council officer visit?

What evidence must a council officer produce?

What if entry is refused?

Who can apply for a warrant?

Granting of a warrant

What can be done in cases of emergency?

What does a warrant allow?

Large scale investigations

Chapter 8: Interviews conducted as part of an adult protection investigation

What is an interview?

What is the purpose of an interview?

Where can an adult be interviewed?

Considering the adult’s rights during an interview?

Capacity

Participation

Can an adult be interviewed with others present?

Can anyone else be interviewed?

Chapter 9: Medical examinations conducted as part of an adult protection investigation

Who may conduct a medical examination?

What is the purpose of a medical examination?

Considering the adult’s wishes with regard to a medical examination?

Chapter 10: Examination of records as part of an adult protection investigation

Information sharing and confidentiality

What records may be examined?

Does the Act provide any safeguards for an adult?

Does an adult have to consent to disclosure?

Who may access and inspect records?

How may records be accessed?

Must the record keeper always comply with a request for access?

Chapter 11: Assessment orders

What is an assessment order?

What to consider before applying for an assessment order

Who can apply for an assessment order?

What are the criteria for granting an assessment order?

Can an order be granted or enforced without an adult's consent?

Notification

Timescales within which an order must be carried out

Warrant for entry

What can be done in cases of urgency?

What happens after the order expires or the adult wishes to leave?

Chapter 12: Removal orders

What is a removal order?

Expiry of a removal order

What to consider before applying for a removal order

Who can apply for a removal order?

What are the criteria for granting a removal order?

Can an order be granted or enforced without an adult's consent?

Notifications and hearing

Can conditions be attached to a removal order?

Warrant for entry

Timescales within which an order must be carried out

What if the adult at risk has moved location before the removal order can be carried out?

Can a removal order be varied or recalled?

Who has responsibility for caring for the adult's property?

What happens after the order expires or the adult wishes to leave?

What can be done in cases of urgency?

Chapter 13: Banning and temporary banning orders

What is a banning order or temporary banning order?

What to consider before applying for a banning order or temporary banning order

Who can apply for an order?

What are the criteria for granting a banning order or temporary banning order?

Who can be banned from a property?

How long can a banning order be granted for?

How long can a temporary banning order be granted for?

What conditions can be attached to an order?

Attaching a power of arrest

Notifications

Court hearing

Can an order be granted or enforced without an adult's consent?

Disapplication of notification and intimation

Application for variation or recall of an order

Right of appeal against a decision to grant or a refusal to grant an order

How long does an order continue to have effect?

Who does the applicant have to notify of the granting, variation or recall of an order?

Who is responsible for preserving the banned person's property during an order?

What happens if an order without an attached power of arrest is breached?

What happens if an order with an attached power of arrest is breached?

What must the police do when someone is arrested under Section 28?

Breaching of order with an attached power of arrest - child

Police duty to keep record of detention

Duty to bring detained person before sheriff

Information to be presented to sheriff

Authorisation of further detention period by the sheriff

Expiry of an order prior to any criminal proceedings

Chapter 14: Offences

Obstruction

Offences by corporate bodies etc.

Chapter 15: Adult Protection Committees

Functions

Membership

Representation of the interests of adults receiving services and carers

Convener

Procedures and practice

Joint working, communication and information sharing

Monitoring, review and reporting

Individual case reviews

Biennial reports

Improving skills and knowledge

Annex A: Links to other legislation and guidance

Annex B: Glossary