Proposals for an Offence of Wilful Neglect or ill-treatment in Health and Social Care Settings: Consultation Analysis

Annex 1: Consultation Questions

Q1 Do you agree with our proposal that the new offence should cover all formal health and adult social care settings, both in the private and public sectors? (Yes / No)

Q2 Do you agree with our proposal that the offence should not cover informal arrangements, for example, one family member caring for another? (Yes / No)

Q3a Should the new offence cover social care services for children, and if so, which services should it cover? (Yes / No)

Q3b Please list any children's services that you think should be excluded from the scope of the offence and explain your view.

Q4 Should the offence apply to people who are providing care or treatment on a voluntary basis on behalf of a voluntary organisation?

Q5 Do you agree with our proposal that the new offence should concentrate on the act of wilfully neglecting, or ill-treating an individual, rather than any harm suffered as a result of that behaviour? (Yes / No)

Q6 Do you agree with our proposal that the offence should apply to organisations as well as individuals? (Yes / No)

Q7 How, and in what circumstances, do you think the offence should apply to organisations?

Q8 Do you agree that the penalties for this offence should be the same as those for the offences in section 315 of the Mental Health (Care and Treatment)(Scotland) Act 2003 and section 83 of the Adults with Incapacity (Scotland) Act 2000? (Yes / No)

Q9a Should the courts have any additional penalty options in respect of organisations? (Yes / No)

Q9b If yes, please provide details of any other penalty options that you think would be appropriate.

Q10 What issues or opportunities do the proposed changes raise for people with protected characteristics (age; disability; gender reassignment; race; religion or belief; sex; pregnancy and maternity; and sexual orientation) and what action could be taken to mitigate the impact of any negative issues?