Publication - Publication

Adults with incapacity: code of practice for local authorities

Published: 1 Apr 2008

Guidance for local authority staff with duties and powers under the Adults with Incapacity Act 2000.

140 page PDF

0 B

140 page PDF

0 B

Contents
Adults with incapacity: code of practice for local authorities
Contents

140 page PDF

0 B

ISBN 978 0 7559 5644 9

This document is also available in pdf format (432k)

Contents

Introduction
Who this code is for
What does the code cover
Status of the code
Responsibility of Chief Social Work Officer to implement the code
Terms used

Chapter 1 Overview of the 2000 Act
Incapacity
The Principles
Measures provided under the 2000 Act
Co-existence of the 2000 Act with other legislation
Limitation of liability
Statutory bodies with responsibilities under the 2000 Act

Chapter 2 Functions of local authorities under the 2000 Act
Summary of local authorities functions (by section of the 2000 Act)
Jurisdiction of local authorities under the 2000 Act

Chapter 3 Information, awareness and training for local authority officers
Possible routes of contact with an adult with impaired capacity
Possible first line contacts
Who needs to be aware of the 2000 Act?
Information for non-social work staff
Training and information for social work officers
Officers involved with assessment and care management
Mental Health Officers
A multi-disciplinary approach

Chapter 4 The provision of community care services for adults with incapacity
Assessment, Care Planning and deciding how to proceed
Applying the principles
Assessment of needs and risks
Deprivation of liberty
Assessment of financial management arrangements
Recording decisions and informing interested parties
Monitoring and review
Summary
Seeking directions where there is a dispute about an adult's capacity

Chapter 5 Intervention orders and guardianship - an overview
What are intervention and guardianship orders?

Intervention orders
Special provisions where an intervention order covers acquisition or disposal of dwelling house
Guardianship
Matters which may not be authorised under an intervention or guardianship order
Which powers to seek - applying the principles
Effect of intervention or guardianship order
Circumstances in which a local authority may recommend an application for an intervention or guardianship order
Identification of need through assessment and care management
Making an application for an intervention or guardianship order
Time-scale for reports
Registration and notification of intervention and guardianship orders
Liability and protection for third parties acting in good faith
Recall or removal of a guardian by a sheriff

Chapter 6 The local authority as intervener or guardian
Duty of local authority to apply - intervention order
Responsibility within the local authority for seeking an intervention order
Where a local authority office is authorised under and intervention order
Protection of property
Intervention order relating to heritable property
Make a plan to implement the order
Guardianship orders - duty of the local authority to apply
Responsibility within the local authority for guardianship
Financial interventions and the role of local authority
When urgent action is needed
Taking account of changing needs
Applying for an order - reports required
Incapacity reports
Reports on the appropriateness of the order sought
Dealing with conflict of interest
Applications relating only to financial or property matters
Involving the individual and relevant others (see chapter 4)
Time limits
Remuneration and expenses
Once the application is granted
Registration
Where the CSWO is guardian, notification of the officer who will carry out functions
Notification of report writer and legal team
Guidance on exercising the functions of welfare guardian
Ensuring officer exercising the functions of guardian, can be contacted
Carrying out the care plan
Hold regular review meetings
Monitor the adult's personal welfare
Proactive exercise of guardianship
Non-compliance
Supervision of local authority guardians
Renewal of guardianship order
Process for recall of welfare guardianship by the local authority where the appointment is the CSWO
Notification of change of circumstances
Change of address
Transfer to a different local authority area
Guardianship and intervention orders in criminal proceedings

Chapter 7 Responsibilities of local authorities in relation to private applications and appointments
Information and support for carers
Information and advice for parents
Involving carers in the assessment and review process
Where an order is needed - explaining what is involved
Dealing with delays
The application process - private individuals
Notification to CSWO of intention to apply
Reports on the appropriateness of the order sought and the suitability of the individual nominated to exercise guardianship or intervention order
Using the principles to assess the appropriateness of the order applied for
Assessing the suitability of the applicant
Dealing with conflict of interest
Conflict of interest between the adult and the person seeking authorisation
Conflict between different persons with an interest in the adult's affairs
Conflict between the local authority and others with an interest in the adult's affairs
Possible courses of action
Consider need for additional safeguards - Police checks
Access to the report
Action on completion of the report
Reporting - time limits
Applications relating only to financial or property matters
Once the application is granted
Supervision of private welfare guardians

Chapter 8 Supervision of non-local authority proxies
Legal background
Supervision of proxies with joint financial and welfare powers
Supervision of private welfare guardians
Supervision of welfare attorneys
Role of the MWC
Directions to a proxy
Supervision regulations
Visiting
Records to be kept by welfare guardians
Provision of information
Consultation
Seeking advice

Chapter 9 Investigations
Investigations where personal welfare of adult appears to be at risk
Action by investigating officer/care manager
Possible need for urgent action
Information to be obtained in the course of an investigation
Reporting a possible criminal investigation
Reporting the outcome of an investigation
Investigating complaints against a proxy

Chapter 10 Foreign appointees and Relationships with the law of other countries
Position of foreign guardians under the 2000 Act
Transfers of guardianship within the UK

Annex 1 CCD5/2007 Guidance for local authorities: provision of community care services to adults with incapacity
Annex 2 A guide to communicating with the person with impaired capacity
Annex 3 Checklist of topics for reports
Annex 4 Useful addresses and publications