Adult Support and Protection National Strategic Forum minutes: March 2019

Attendees and apologies

Attendees

• Clare Haughey (chair), Minister for Mental Health
• Jamie MacDougall (co-chair), Scottish Government
• Jean Harper, Scottish Government
• Kiran Haksar, Scottish Government
• Dale Meller, Scottish Government
• Mike Diamond, Mental Welfare Commission
• Fiona Brown, Office of the Public Guardian
• Elaine Galbraith, Police Scotland
• Gordon Paterson, Care Inspectorate   
• Maureen Berry, Health Improvement Scotland        
• David Lynch, IJB Chief Officers Group    
• Alex Taylor, Chief Social Work Officers Group            
• Paul Comley, Stirling University    
• John Paterson, SASPICA National Convenors Group
• Mark Hodgkinson, Social Work Scotland ASP Leads Network
• Shaben Begum, Scottish Independent Advocacy Alliance
• Karen Hedge, Scottish Care           
• David Thomson, National Mental Health Leads Group
• Jeff Ace, NHS Chief Executives
• Cathie Cowan, NHS Chief Executives
• Austen Smyth, Coalition of Care & Support Providers in Scotland
• John Wood, Convention of Scottish Local Authorities and SOLACE            

Apologies

• Laura Caven, Convention of Scottish Local Authorities and SOLACE

Items and actions

1. Ministerial statement to the Forum (Ms Clare Haughey) 

The Minister addressed the Forum and welcomed members to the first meeting of the Adult Support and Protection National Strategic Forum for 2019. The Minister provided an overview of last year’s Thematic Inspection carried out by the Care Inspectorate scrutiny partners which highlighted the need to develop good practice across Scotland. The Minister re-iterated Scottish Government’s ongoing commitment to working with stakeholders to strengthen adult support and protection at strategic and practice levels. The Minister advised that this will include:

• developing good quality data at a national level to assist with the improvement agenda
• developing a strong public message to increase public levels of awareness of adults at risk of harm and how people at risk can be helped
• acommitment to involving service users and carers within in the improvement work
• inclusion of ASP within the review of mental health  legislation which is currently underway, ensuring it is in line with recent developments in human rights for people with disabilities

2. Member introductions to the Forum (all)

The Minister invited members to introduce themselves and briefly describe their relationship with Adult Support and Protection and their anticipated role in the Forum. Introductions followed from each member of the Forum. 

3. Forum terms of reference (all)

The Chair invited to Forum to discuss, amend and sign off the proposed Terms of Reference (TOR) for the National Strategic Forum. The TOR were discussed and agreed with small amendments suggested to describe members’ shared ownership of the Forum agenda and to include oversight of data collection. Dale to amend the TOR and recirculate to the group. (Action 1 – Dale Meller) 

4. Proposed ASP Inspection Programme (Care Inspectorate, Healthcare Improvement Scotland, HMICS and Scottish Government)

Dale Meller, Gordon Paterson and Maureen Bell jointly gave a presentation on the proposal for the multi-agency ASP inspection programme. This is a proposed 5 year programme split into two phases. Phase 1 is proposed to run for 2 years and involves case file reading and staff surveys. It is designed to gather baseline information across the remaining 26 local authority areas in a short period of time. Phase 2 will be based on the findings in Phase 1 and include, where required, further inspection and monitoring or improvement support. It was noted that at this stage, the proposal has not received Ministerial approval as the detailed business case is still to be fully costed. It is anticipated that the Ministerial submission will be made this month, beyond which, more detailed planning will commence. A Reference Group has been set up to support and advise on the Inspection Programme. Following the presentation, the Chair opened up discussion with the Forum  

The Forum welcomed the proposed Inspection Programme. Members highlighted to the Forum the importance of involving people with lived experience in the national improvement work. Other Forum members noted that getting the views of people with lived experience of adult protection involved is not easy but would be worthwhile. Dale Meller updated that she will be developing a proposal to scope existing involvement across local Adult Protection Committees (APCs) – some of which have established representatives and/or user and carer groups. Dale Meller and Scottish Government ASP team will progress this through APCs and involve Shaben Begum with any working group being set up once the scoping is complete. (Action 2 – Dale Meller)

Forum members commented that there was a risk within the planned inspection of not inspecting NHS files in Phase 1, this was an aspect of the Thematic Inspection identified as a weakness by stakeholders. The NHS is named as a public body within ASP and should be inspected as such. The Forum suggested that Phase 1 needed to include a set of reaching questions to effectively explore the role of health so that Phase 2 could develop this further. It was also suggested that any commentary on health involvement should not be seen in isolation, rather that it be set in the context of an overall partnership’s response to adults at risk of harm. There was a suggestion to utilise any relevant learning from Child Protection inspection work in relation to health involvement. Forum members advised that the earliest possible communication with relevant Boards and organisations (e.g. Police Scotland, COSLA, Integrated Joint Boards) about the Inspection Programme would be important in getting the message across and outlining the expectations on the respective public bodies to participate. This, the Forum believed, would assist in the early involvement and sign up from Chief Officers and others. 

Other comments from the Forum included the potential role of the digital strategy for healthcare records in relation to access to health information as part of the Inspection Programme. And finally there was a suggestion for a national report on Phase 1 of the Inspection Programme at the end of Year 1 and Year 2. The above advice was noted by the Scottish Government ASP team and the Minister thanked the Forum for the discussion and feedback provided. 

ASP Team to inform COSLA and Police Scotland about the ASP inspection work once Ministerial sign off agreed. (Action 3 – Dale Meller)

ASP Team to develop a communication plan for the inspection work. (Action 4 – Jamie MacDougall/Dale Meller) 

At this point the Minister for Mental Health left the meeting and Jamie MacDougall took over as Chair of the meeting.

5. Scottish Government ASP Improvement Plan

Dale Meller provided a short presentation on the overall Scottish Government ASP Improvement Plan. The improvement plan has been developed into an outcomes model comprising of the six improvement ‘strands’ and nine key outcomes. Dale Meller updated the Forum specifically in relation to governance, data & information, legislation & policy, practice improvement and prevention. Dale Meller also updated the Forum about the next steps for completing the plan and advised that it would be shared with Ministers along with the Inspection Programme proposal this month. Following the presentation, the Chair opened up discussion with the Forum. The ASP Team will share the improvement plan presentation with the group. (Action 5 – Kiran Haksar)

The Forum discussed the governance strand of the improvement plan and the relationship of ASP with the work on new clinical and care governance guidance (this has stemmed from the Review of Integration published in February). One Forum member indicated that there are polarised views about the role of governance and that SG needed to guard against making things more confusing. It was suggested in relation to guidance, it would be helpful to include practical examples of “what does success look like?” and to include ways of measuring success. It was also noted that guidance needs to be clear about the role of public protection versus operational governance, how these differ and how they converge. The Forum acknowledged that this guidance is a real opportunity to support local areas to improve governance processes. The Forum agreed to a suggestion to have a more focused discussion about the guidance at the next Forum meeting. The above advice was noted by the Scottish Government ASP team and the Chair thanked the Forum for the discussion and feedback provided. 

ASP Team to include an input/discussion on clinical and care governance on the Agenda for the next meeting. (Action 6 – Dale Meller)

ASP Team to include Karen Hedge in the data and information work stream. (Action 7 – Jean Harper)

6. Forum member item: duty of candour and ASP (Austen Smyth)

Austen Smyth introduced a short discussion on the experience within Richmond Fellowship Scotland where they have tried to link new duty of candour with existing ASP policies to protect the vulnerable people who they work with. He commented on a fear that, amongst all of the duties to ‘tell’ and report on issues in relation to risk, we lose the person in the middle who is affected. Austen Smyth enquired whether there was scope for this group to explore the interface and look at practice resources for the workforce if necessary. The Forum discussed the potential stakeholders who might have an interest and these included IRISS (the development of potential workforce tools) and Social Work Scotland. Forum members then discussed which members wanted to be involved in an exploratory discussion, these were noted as Paul Comley, Austen Smyth, Karen Hedge and Cathie Cowan. 

ASP Team to set up small discussion group meeting on duty of candour. (Action 8 – Paul Comley)

7. Forum agenda moving forward (Scottish Government and all)

The Forum briefly discussed the proposed structure for Forum meetings moving forward. The Forum agreed to have a two part meeting comprising of business (including update on Scottish Government Improvement Plan and other business items) followed by substantive items (including, for example, member items, inspection findings, clinical and care governance items, legislative review, involvement of stakeholders, horizon scanning). The Forum noted the intention to establish a separate reporting structure for the Improvement Plan and advised against setting up too large or complicated a structure in parallel with the Forum. Each of the improvement strands will also require Reference Groups. This advice was noted by the Scottish Government ASP team and the Chair thanked the Forum for the discussion and feedback provided. 

8. Actions noted

Dale to amend the TOR and recirculate to the group. (Action 1 – Dale Meller)

Dale Meller and Scottish Government ASP team will progress this through APCs and involve Shaben Begum with any working group being set up once the scoping is complete. (Action 2 – Dale Meller)

ASP Team to inform COSLA and Police Scotland about the ASP inspection work once Ministerial sign off agreed. (Action 3 – Dale Meller)

ASP Team to develop a communication plan for the inspection work. (Action 4 – Jamie MacDougall / Dale Meller)

The ASP Team will share the improvement plan presentation with the group. (Action 5 – Kiran Haksar)

ASP Team to include an input/discussion on clinical and care governance on the Agenda for the next meeting. (Action 6 – Dale Meller)

ASP Team to include Karen Hedge in the data and information work stream. (Action 7 – Jean Harper)

ASP Team to set up small discussion group meeting on duty of candour. (Action 8 – Paul Comley)

9. Date of next meeting

The next meeting of this group will take place on the 4 June 2019 in St Andrew’s House (Conference Rooms C&D). It will start at 09:30 and will finish at 11:30. 

10. Subsequent meting dates for 2019 

• 3 September 2019, 09:30-11:30, St Andrew’s House (Conference Room C&D)
• 3 December 2019, 09:30-11:30, St Andrew’s House (Conference Room C&D)

Adult Support and Protection National Strategic Forum minutes: March 2019

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