Delegation of Local Authority Functions: Mental Health (Care and Treatment) Scotland) Act 2003 and Adults with Incapacity (Scotland) Act 2000

This consultation seeks views with regards to the delegation of functions in 2 specific areas, these being Mental Health Officer ("MHO")functions under the Mental Health (Care and Treatment) (Scotland) Act 2003, and Local Authority ("LA") functions under the Adults with Incapacity (Scotland) Act 2000 required in relation to the health and social care integration proposals.


Integration of Adult Health and Social Care - Background to proposals

4. As consultees will be aware, in December 2011, the then Health Secretary Nicola Sturgeon set out the Scottish Government's plan to integrate adult health and social care, with the consultation on proposals subsequently taking place over the summer of 2012.

5. In its Programme for Government, the Scottish Government announced in September 2012 its commitment to the introduction of an integrated system of health and social care through a new Bill. The intention of this piece of legislation is to improve outcomes for people using health and social care services, and to help address funding and demographic challenges over the longer term.

6. The focus of any legislation brought forward by the Scottish Government will be squarely on improving outcomes. It is intended to introduce a nationally agreed set of outcomes which will apply across adult health and social care. It is also intended that Health Boards and Local Authorities will be jointly and equitably accountable for their shared responsibility to deliver those outcomes. In particular the legislation will ensure that service planning and commissioning of services is led by clinicians and social workers, with appropriate input from the third and independent sectors. Key to these reforms will be locality based service planning and decision making.

7. The legislation will require statutory partners to integrate budgets, for all adult health and social care services. These integrated budgets will include, as a minimum, expenditure on adult community health and adult social care services, and, importantly, expenditure on the use of some acute hospital services as well. Finally the legislation will create the role of a single, senior accountable officer locally to ensure that partners' joint objectives are delivered.

Integration of Adult Health and Social Care - Consultation

8. The Scottish Government's Integration of Adult Health and Social Care in Scotland: Consultation on Proposals closed on 11 September 2012. An analysis of responses has now been made available online at:

Integration of Adult Health and Social Care Consultation Analysis Report

9. The Consultation Analysis Report reflects the views of the 315 respondents, including all Local Authorities, all territorial Health Boards, Third/Independent Sector organisations, professional organisations, GPs (General Practitioners), nurses, carers and individuals.

10. The Scottish Government's formal response to the Integration of Adult Health and Social Care Consultation will be published early in 2013. The development of the Bill will be informed by stakeholder views taken from consultation responses.

Further Information on Integration of Adult Health and Social Care

11. You can find out more about the Integration of Adult Health and Social Care agenda by visiting our website:


Email: Ian Nicol

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