Consultation on the revisions to the Adult Support & Protection Code of Practice

About this report

1. This report provides an analysis of responses to the Scottish Government's 'Consultation in relation to proposed revisions to the Adult Support & Protection Code of Practice' which closed on 4 November 2013.

Background to the consultation

2. The Adult Support and Protection (Scotland) Act 2007 (the Act) has been in operation since 2008. Section 48 of the Act requires Scottish Ministers to prepare a Code of Practice containing guidance about the performance of functions by councils, council officers and health professionals under the Act.

3. Since the Act came into force practices and procedures have developed as practitioners gain more experience in working with the legislation and accordingly we considered it necessary to revise the Code of Practice to reflect and build on these new practices.

4. A working group of professionals drawn from the public, voluntary and private sectors in Scotland, in conjunction with the Scottish Government Mental Health and Protection of Rights Division, were tasked with revising the code of practice.

5. The revised Code of Practice is a larger and more comprehensive document than the original Code and the Consultation paper sought views on any of the changes made. 6 questions were formulated for that purpose, with an additional box to allow for any further comments.

Overview of responses

6. A total of 50 written responses^[1] were received. Annex B contains a list of respondents. Table 1 below shows the distribution of responses. One respondent wished to remain anonymous and for the content of their response not to be included in the analysis. Two respondents wished to remain anonymous but the content of their response has been taken into account in preparing this analysis report. 94% of responses were submitted by organisations with 6% by individuals.

Not all respondents addressed every questions and some respondents offered comments on matters outwith the scope of the consultation.

Table 1: Distribution of responses

7. The analysis of responses is largely qualitative. Due to the fact that not every respondent answered every question the percentages quoted in this report should be treated as indicative and illustrative only.

Summary

8. An analysis of the responses received can be found in Annex A. The majority of responses were positive and welcomed the changes made and new sections added to the Code of Practice. There is a noticeable variance in processes between practitioners which sparked discussions and a need for clarification on, for example, Health records examination, multi-agency meetings, references to the Health & Social Care Integration agenda, and a need for clear definitions for referrals, inquiries and investigations. The revised Code of Practice is perceived as a more useful tool for practitioners and more detailed with useful additions. In general terms, the themes are comparable amongst the majority of responses.

Next steps

9. The Scottish Government is considering the responses received. As part of this, the Scottish Government will also seek advice from the working group of professionals who prepared the draft for consultation. These will help inform the final revisions of the Adult Support & Protection Code of Practice. It is anticipated the revised code will be published before Easter.