Publication - Consultation paper

Adult Support & Protection Code of Practice: Consultation

Published: 19 Aug 2013
Part of:
Health and social care

Scottish Government is consulting on a revised Adult Support & Protection Code of Practice. The revised Code of Practice reflects changes to practice and case law not availbale to those drafting the original guidance.

119 page PDF

1.8 MB

119 page PDF

1.8 MB

Adult Support & Protection Code of Practice: Consultation
4. Consultation Process

119 page PDF

1.8 MB

4. Consultation Process

8. The first stage was to, consult with all Adult Protection Lead Officers and Conveners regarding their views on the current Code; consult other relevant agency staff regarding their views on the current Code; and establish the national picture regarding current issues relating to the Code, its interface with the legislation and its development into local practice.

9. Information was gathered through a combination of an electronic survey, and face-to-face and telephone interviews. A short survey explored practice issues in relation to the current Code and gave participants the opportunity to reflect upon issues that practitioners and managers thought should be included in a revised Code of Practice. Thirty-four surveys were completed from those working in the police, Health, Adult Social Work and Housing services as well as independent chairs.

Thereafter a number of semi-structured interviews were carried out to explore in more depth the issues which should reflect contemporary adult support and protection practice. In particular, the interviews focussed on:

  • What works well and which aspects of the Code require strengthening; and
  • Which aspects of the Code do or do not reflect current practice.

10. Those asked to take part in the interviews were selected to capture a range of rural and urban issues as well as a mix of experience. In the time available, 22 interviews were undertaken.

11. The second stage was to undertake the detailed review of the Code. This second stage considered the following:

  • Report of the scoping study undertaken by WithScotland;
  • Additional comments submitted by individuals and Adult Protection Committees;
  • Current policy documents and relevant guidance published by Scottish Government e.g. the Scottish Government Engagement Paper on Suicide and Self-Harm; and
  • EKOSGEN review of the 2010-12 Biennial reports and the Ekosgen qualitative analysis of the provision of adult support for people who have gone through adult protection procedures.

12. Significant changes have been made to the Code in terms of the chapters focused on practice which are summarised below. These reflect the issues which emerged from stage one of the review process, or were as a result of related changes in legislation or practice occurring since the Code was last amended. The chapters on the different orders have been subject to only a few revisions. The main changes are as follows:


  • Clarification of the criteria used to determine if an adult is at risk under the Act, including a new section on young people in transition and a section on adults who use drugs and alcohol (Chapter 3);
  • Clarification of the process of Adult Support and Protection required by the Act, with particular reference to the referral, inquiry and investigation stages (Chapters 6-11); and
  • Clarification of the issues which arise if a person's capacity is considered to be impaired (referenced throughout the document).

Substantial revision or new additions:

  • Further development and articulation of good practice in a completely revised chapter on service user and carer involvement in both the practice of Adult Support and Protection and the development of policy and strategy by Adult Protection Committees (Chapters 5 and 16 );
  • Discussion of good practice in multi-agency assessment and managing risk of harm (Referenced throughout and chapter 11);
  • Updated criteria for the appointment of Council Officers following circular SSI 2012/66: Adult Support, Social Care: The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012;
  • Updated section relating to the contribution of GPs following publication of Guidance On The Involvement Of GPs In Multi-Agency Protection Arrangements; and
  • Revised chapter on Adult Protection Committees reflecting the issue of various circulars and advice from Scottish Government since 2009 (chapter 16); and
  • The introduction of a new section on Large Scale Inquiries (reflecting experience of the increasing significance of Adult Support and Protection in contracted or group care settings).


Email: Stephanie Robin