Draft Self-directed Support Statutory Guidance on care and support

A public consultation on draft statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013


Section 3: Values and Principles

This section elaborates on the core values and principles of care and support. It highlights the statutory principles which the professional must consider when they conduct an assessment.

The values of care and support

9. Values are established ideals. They are the fundamental things that define what we do. Values will be unique to each and every professional. It would not be appropriate (nor would it be helpful) for this guidance to seek to impose particular values on individual professionals. At the same time, it can be helpful to return to the core values that help to underpin the legislation and to mark the link between social care legislation and day to day practice. The following words describe the values that have helped to inform this guidance:

  • Respect
  • Fairness
  • Independence
  • Freedom
  • Safety

The principles of care and support

10. Principles are the means by which we put our values into practice. The 2013 Act (Sections 1 and 2) provides four general principles which should guide the professional. The four principles are described below:

i) Participation and dignity (Section 2 in the SDS Act)

11. Under Section 2 of the SDS Act the professional must take reasonable steps to facilitate the principle, a) that the supported person's right to dignity is to be respected, and; b) that the supported person's right to participate in the life of the community is to be respected. The general principles set out in Section 2 of the Act apply both to the initial assessment of need and to the provision of choice as part of the wider support planning process. Participation and dignity are core aspects of independent living whereby all disabled people should expect to have the same freedom, choice, dignity and control as other citizens at home, at work and in the community. Section 2 therefore describes one of the ultimate objectives for social care. In some respects, it provides a modern interpretation of the social welfare duties provided in the 1968 Act.

ii) Involvement (Section 1 in the SDS Act)

12. This is the principle that the supported person must have as much involvement as they wish in both the assessment and in the provision of support associated with that assessment.

iii) Informed choice (Section 1 in the SDS Act)

13. This is the principle that the supported person must be provided with any assistance that is reasonably required to enable them to express views about the options available to them and to make an informed choice about their options for support.

iv) Collaboration (Section 1 in the SDS Act)

14. This is the principle that the professional must collaborate with the supported person in relation to the assessment of the supported person's needs and in the provision of support or services for the supported person.

The purpose of the general principles

15. The statutory principles are important because they carry legal weight. They articulate the underlying aims or "spirit" of the legislation and complement the detailed duties and powers provided elsewhere in the Act. Beyond the statutory principles the professional should consider further good practice principles. The following table brings together:

  • the statutory principles within the 2013 Act (paragraph 10 above), and;
  • further good practice principles which should help to underpin good quality assessment and support planning.

Table 3: The principles that should underpin a good assessment and support plan

The principle

What it means in practice

Collaboration - a statutory principle

The professional and the supported person should work together in the completion of the assessment, the support plan and in the provision of support.

Underpinned by Section 1 of the 2013 Act

Dignity - a statutory principle and a key aspect of independent living

The professional should facilitate the supported person's right to dignity.

Underpinned by Section 2 of the 2013 Act

Informed Choice - a statutory principle

The supported person should receive the assistance they need to help them to make an informed choice.

Underpinned by Section 1 of the 2013 Act

Innovation

The professional and the supported person should develop creative solutions to meet the outcomes identified in the support plan.

Involvement - a statutory principle

The professional should involve the supported person in a genuine and active way in deciding their outcomes and in planning and delivering their support.

Underpinned by section 1 of the 2013 Act.

Communities should be assisted to play an active role in the commissioning of services.

Participation - a statutory principle and a key aspect of independent living

The supported person should be provided with the help that they need to participate in the life of their community and wider society

Underpinned by Section 2 of the 2013 Act

Responsibility

The supported person should be able to take as much control over their support as they wish. In return, the supported person should exercise that choice and control in a responsible way.

Risk enablement

The supported person should be assisted to feel safe and secure in all aspects of life, to enjoy safety but not to be over-protected and, in so far as possible, to be free from exploitation and abuse.

Further guidance and hyperlinks:

See section 4 in this document for further guidance on how the general principle on involvement relates to the legal powers and duties on assessment.

See section 5 in this document for further guidance on the links between the general principles and the choices that must be made available to individuals.

Draft Statutory Guidance on Care and Support

Consultation Questions

Section 3: Values and Principles

Consultation Questions

Consultation Questions

Contact

Email: Adam Milne

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