Publication - Publication

Adult Support and Protection Code of Practice

Published: 2 May 2014
Part of:
Health and social care
ISBN:
9781784124380

This revised Code of Practice is to replace the Code of Practice published in 2008.

108 page PDF

648.2 kB

108 page PDF

648.2 kB

Contents
Adult Support and Protection Code of Practice
Annex B - Glossary

108 page PDF

648.2 kB

Annex B - Glossary

Introduction

This glossary is for illustrative purposes only and is not intended to be prescriptive. Full statutory definitions of many of the terms are contained in Section 53 of the Act and it is those that should be used in any process or situation where precise definition is required.

Adjacent place A place near, or next to any place where an adult at risk may be, such as a garage, outbuildings, etc.
Adult (Section 53) An individual aged 16 or over.
Adult at risk Please refer to Chapter 1 further information for an explanation of the full definition.
Adult Protection Committee (Section 42) (APC) A committee established by a council to safeguard adults at risk in its area.
Advance Statement A statement made under the provisions of Section 275 of the Mental Health Care and Treatment) (Scotland) Act 2003 setting how a person would, or would not, wish be treated should they subsequently require care and treatment under that Act.
Assessment order (Section 11) Order granted by a sheriff to help the council to decide whether the person is an adult at risk and, if so, whether it needs to do anything to protect the person from harm.
Banning order (Section 19) Order granted by a sheriff to ban a person from being in a specified place or area. The order may have specified conditions attached. The banned person can be any age, including a child.
Care Commission (Section 53) The Scottish Commission for the Regulation of Care.
Child (Section 53) An individual under the age of 16.
Conduct (Section 53) Includes neglect and other failures to act.
Council (Section 53) A council constituted under the Local Government (Scotland) Act 1994. References to a council in relation to any person known or believed to be an adult at risk mean the council for the area where the person is currently located.
Council nominee (Section 11(1)(a) and 14(1)(a)) An individual who is not a council officer under Section 52 of the Act, nominated by the council to either interview the adult under an assessment order or to move the adult under a removal order.
Council officer (Section 53) An individual appointed by a council under Section 64 of the Local Government (Scotland) Act 1973 (c. 65) but the term must, where relevant, also be interpreted in accordance with any order made under Section 52(1).
Court day (Section 53) A weekday (Monday to Friday) unless it has been designated a 'court holiday' (usually a bank holiday or a local holiday).
Curator ad litem Person appointed by the sheriff to protect the interests of the person who is the subject of proceedings relating to an application.
Disapply/Disapplication (Section 41) To dispense with.
Harm (Section 53) Includes all harmful conduct. This includes conduct that causes physical or psychological harm, unlawful conduct affects property, rights or interests possessions, conduct that causes self-harm.
Health professional (Sections 52(2) and 53) The person is a doctor, nurse, midwife or other type of individual prescribed by the Scottish Ministers.
Inquiry An inquiry is any process that has the aim of gathering knowledge and information. This could include inquiries of any relevant party and the co-operation of the public bodies and office holders under Section 5 of the Act. The purpose of making inquiries is to ascertain whether adults are at risk of harm and whether the council may need to intervene or provide any support or assistance to the adult or any carer.
Investigation An investigation follows on from an inquiry. Investigations are carried out for the purpose of supporting or assisting the adult or making necessary interventions, whilst acting in accordance with the principles of the Act.
Nearest relative Section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003, as applied by Section 53 of the Act, sets out a list of the people who will be considered in identifying a person's nearest relative.
Parental responsibilities and rights (Section 53) As provided for in Sections 1 and 2 of the Children (Scotland) Act 1995.
Primary carer (Section 53) A primary carer is the individual who provides all or most of the care and support for the person concerned. This could be a relative or friend but does not include any person paid to care for the person. Section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003, as applied by Section 53 of the Act, defines primary carer.
Proxy A continuing or welfare attorney, or a guardian under the Adults with Incapacity (Scotland) Act 2000. More commonly known as a proxy. Can have a combination of powers - welfare, property and/or finance.
Power of arrest (Section 25) Can be attached to a banning order at the time when the order is granted or at the same time as an application is made to vary the order.
Referral A referral is when an adult has been referred to a council Adult support and protection Team when the adult is known or believed** to be at risk of harm as defined in Part 1 section 3(1) of the Adult Support & Protection (Scotland) Act 2007. (**if in any doubt, the adult should be referred to the council) If the referral is made by an organisation or agency, and they have defined the referral as ASP, the referral should be counted.
Relevant Health Board (Section 53) In relation to any council, means any Health Board or Special Health Board constituted by order under Section 2 of the National Health Service (Scotland) Act 1978 (c.29) which exercises functions in relation to the council's area.
Removal order (Section 14) An order granted by a sheriff authorising a council officer or council nominee to move a named person to a specified place within 72 hours of the order being made and the council to take reasonable steps to protect the moved person from harm. The order can be for any specified period for up to 7 days.
Safeguarder (Section 41(6)) Person appointed by the sheriff to safeguard the interests of the person who is the subject of proceedings relating to an application.
Self-harm National Self-Harm Working Group definition provided in the latest National Institute for Health and Clinical Excellence (NICE) guidelines on self-harm: "self-poisoning or self-injury, irrespective of the apparent purpose of the act
Subordinate legislation Statutory legislation (usually in the form of regulations) which may be made by Ministers under enabling powers within an Act of the Scottish Parliament to clarify and implement the details of an Act.
Temporary Banning order (Section 21) An order granted by a sheriff pending determination of an application for a banning order. The order may specify the same conditions as a banning order.
The Act The Adult Support and Protection (Scotland) Act 2007
Visit A visit by a council officer under Sections 7, 16 or 18 (including warrant entry) unless the contrary intention appears.
Warrant for entry (Section 37) A warrant that authorises a council officer to visit any specified place under Section 7 or 16 together with a constable. The constable may do anything, including the use of force where necessary, that the constable considers to be reasonable towards fulfilling the object of the visit.

Contact

Email: Stephanie Robin