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Adult support and protection - code of practice and guidance: consultation analysis - summary report

This report summarises the feedback received during our consultation on proposed updates to the code of practice and Adult Protection Committees (APC) guidance.


Code of Practice response summary

For the Code of Practice section, we received 56 written responses in total. There were 9 responses from individuals, and 47 responded as organisations, but not all respondents answered every question.

Q1a: 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?

34 responses felt that this was addressed mostly or completely and 13 somewhat (for balance - A little - 1; Not at all - 1; Not answered – 7). A number of comments recognised that this is a very important distinction to be made as it changes perspective around many factors of engagement, or lack of, and looks below the surface of actions.

Q1b: Secondly it seeks to provide greater clarity around issues of consent and capacity. How well do you think this objective is fulfilled?

41 responses indicated completely, mostly or somewhat for this question (A little - 6; Not at all - 3; Not answered – 6). The more detailed distinction and considerations were welcomed but with some respondents stating a preference for examples of context to aid comprehension of a complex area.

Q2a: 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?

44 responses indicated completely, mostly or somewhat (A little - 2; Not at all - 2; Not answered – 8). Clarity was better achieved although requests for more explicit responsibility for all public bodies to refer were made, and a widening of the "named" bodies, to include other services such as dentists, opticians etc.

Q2b: 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?

Again a complex area, enhanced detail was welcomed, with 39 indicating completely or mostly. (A little - 3; Not at all - 1; Not answered – 9)

Q3a: Chapter 5 seeks to give more detail in relation to the nature of referrals. Is this fulfilled?

43 respondents felt that this objective was fulfilled and welcomed enhanced information. (A little - 2; Not at all - 2; Not answered – 9)

Q3b: 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?

Respondents indicated that specific detail about both processes was clear, with 38 selecting completely, mostly or somewhat. (A little - 5; Not at all - 4; Not answered – 9)

Q4: Chapter 6 seeks to clarify the relationship between an inquiry and an investigation. How well do you think these objectives are fulfilled?

This section received mixed responses, ranging from appreciating a distinction being drawn, to those who felt their understanding differed from the language used. Overall the intent was welcomed, with 30 responding positively. (A little - 6; Not at all - 2; Not answered – 8)

Q5: 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?

46 responded positively to this question, with some expressing a desire for further detail around case conferences and also adult participation in managing risk. (A little - 2; Not at all - 1; Not answered – 7)

Q6: 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?

Here 44 responses were positive with a general comment that the rationalisation of previous sections and re-ordered chapters made much easier reading and would be straightforward in terms of finding information quickly. (A little - 0; Not at all - 1; Not answered – 7)

Q7: 6 If you would like to provide any comments or suggestions about the changes please do so here:

Of the 56 respondents who answered this question, we received some very detailed suggestions for consideration, and the key issues raised included:

  • Transitions / Young people – the crossovers between legislative areas and suitability in an individual context
  • Language and terminology – choice of language / interpretation / implications
  • Capacity and Consent – assessments / context specific / impact of life experiences / legalities
  • Training – gaps / needs
  • Processes – sequence and timings of ASP procedures / local variations / national consistencies / frameworks
  • Individual at risk – advocacy / risk assessment / holistic approach / person centred / relatives, family and influential contacts

Contact

Email: Heather.Gibson@gov.scot

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