West Lothian Council Adult Support and Protection Procedures - with Guidance Notes

West Lothian Community www.westlothianchcp.org.uk Health and Care Partnership West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 1 CONTENTS

PREFACE SECTION 8

GLOSSARY OF TERMS CASE CONFERENCES; CHAIRING, MINUTING AND DECISION MAKING. SECTION 1 PROCEDURE OUTLINE REPORT WRITING AND RECORDING PROCEDURE AND CORRESPONDING GUIDANCE | P6 SECTION 9 SECTION 1 – REFERRALS / SCREENING | P7 INVESTIGATIONS IN REGISTERED CARE SETTINGS SECTION 2 –PROCEDURE OUTLINE PROCEDURE AND CORRESPONDING GUIDANCE | P14 SECTION 10

SECTION 2 – INTER-AGENCY REFERRAL DISCUSSION (IRD) CROSS SERVICE PROTOCOLS FOR ALL SERVICE AREAS; & PROFESSIONAL CONCERNS MEETING (PCM) | P15 INFORMATION SHARING

SECTION 3 –PROCEDURE OUTLINE SECTION 11 PROCEDURE AND CORRESPONDING GUIDANCE | P21 FINANCIAL SAFEGUARDING INCLUDING OPERATION OF SECTION 3 – INVESTIGATIONS / RISK ASSESSMENT | 22 FUNDS PANEL

SECTION 4 – PROCEDURE OUTLINE SECTION 12 PROCEDURE AND CORRESPONDING GUIDANCE | P26 ADULT PROTECTION COMMITTEE PROTOCOLS SECTION 4 – ADULT PROTECTION CASE CONFERENCE / • ELECTRONIC INTER-AGENCY REFERRAL DISCUSSION ADULT SUPPORT AND PROTECTION PLAN | P27 (E-IRDS) GUIDANCE NOTE • SIGNIFICANT CASE REVIEW PROTOCOL SECTION 5 – PROCEDURE OUTLINE • LARGE SCALE INVESTIGATIONS PROTOCOL PROCEDURE AND CORRESPONDING GUIDANCE | P37 • CRITICAL REVIEW TEAM PROTOCOL • SUICIDE / SELF HARM PROTOCOL (POLICE) SECTION 5 – CORE GROUP / ADULT PROTECTION CASE CONFERENCE REVIEW | P38

SECTION 6 - THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES | P41

SECTION 7 These documents can be viewed or downloaded online at the following addresses:

• ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 http://www.legislation.gov.uk/asp/2007/10/contents

• ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 CODE OF PRACTICE GUIDANCE http://www.scotland.gov.uk/Resource/ Doc/259161/0076850.pdf

2 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes PREFACE

West Lothian Council’s first ‘Adult Protection Enhanced Procedures and Guidance’ was published in October 2006. The implementation of the Adult Support and Protection (Scotland) Act 2007 in October 2008 required it to be reviewed and updated.

The Adult Support and Protection (Scotland) Act 2007 was designed to address some gaps in mental health legislation, specifically the Adults With Incapacity (Scotland) Act 2000 and the Mental Health (Care & Treatment) (Scotland) Act 2003, by offering support and protection to adults deemed to be at risk of ‘harm’. n A duty on councils to make inquiries and investigations to n A set of principles which must be taken into account when establish whether or not further action is required to performing functions under the Act; protect an adult; n A range of protection orders which are defined in the n A requirement for specified public bodies, voluntary and Act to include:Assessment orders; Removal orders; private sector providers to co-operate with local Banning Orders & Temporary Banning Orders; Warrant for authorities; entry; Power of arrest; n A duty to consider the importance of advocacy or other n The establishment of multi - agency Adult Protection communication aids; Committees.

West Lothian Council’s Adult Protection Committee (APC) is responsible for taking an overview of adult protection policy, procedures and practice.

The Adult Support and Protection Procedures and Guidance are consistent with and should be used alongside the Edinburgh, Lothian and Scottish Borders Executive Group (ELBEG) Multi-Agency Guidelines – Adult Support and Protection: Ensuring Rights and Preventing Harm ( January 2010).

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 3 THIS REVISED ADULT SUPPORT AND PROTECTION PROCEDURES AND GUIDANCE HAS BEEN DEVELOPED FOLLOWING:-

1. 6. Broad consultation with key partners and The Adult Protection Service support’s role remit & responsibilities and swift screenshots 2. Topic-specific working groups with staff managing and 7. participating in adult protection processes. These documents can be viewed or downloaded online at the following addresses: West Lothian Council’s Adult Support and Protection Procedures and Guidance clarifies the roles and • ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 responsibilities of staff when reporting an adult protection http://www.legislation.gov.uk/asp/2007/10/contents concern, recording an adult protection referral, making an inquiry, undertaking an Inter-agency Referral Discussion (IRD), • ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 carrying out an investigation and participating in any of the CODE OF PRACTICE GUIDANCE meetings held as part of the adult protection process e.g. http://www.scotland.gov.uk/Resource/Doc/259161/0076850. professional concerns meeting, case conference, core group and case conference review meetings. 8. Case Conferences; Decision Making and Minute Taking at a It consists of twelve sections. Case Conference; Report Writing and Recording The first five sections are:- 9. Investigations in Registered Care Settings 1. Referrals / Screening 10. Cross Service Protocols for all Service Areas; Information 2. Sharing Inter-agency Referral Discussion (IRD) & Professional Concerns Meeting (PCM) 11. Financial Safeguarding including the Operation of Funds 3. Panel Investigations / Risk Assessment 12. 4. Adult Protection Committee Protocols Adult Protection Case Conference / Adult Support and n Electronic Inter-agency Referral Discussion (E-IRDs) Protection Plan Guidance Note n Significant Case Review Protocol n Large Scale Investigations Protocol 5. n Critical Review Team Protocol Core Group / Adult Protection Case Conference Review n Suicide / Self Harm Protocol (Police) n Investigating and Managing Historical Harm. Each section has both a step by step procedure and a detailed guidance note.

The next seven sections refer to related policies and procedures, namely:

4 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes GLOSSARY OF TERMS

Adult Referrals Referrals from the Police (previously known as JLOs) APC Adult Protection Committee APSS Adult Protection Service Support ASPA Adult Support and Protection (Scotland) Act 2007 AWI Adults With Incapacity (Scotland) Act 2000 CC Case Conference CCR Case Conference Review CG Core Group CHCP Community Health and Care Partnership Council Officer Lead Allocated Worker from Social Work E-IRD Electronic – Inter-agency Referral Discussion ELBEG Edinburgh, Lothian and Borders Executive Group Independent Advocate Advocacy worker IRD Inter-Agency Referral Discussion JP Justice of the Peace Level 3 Risk Assessment Level 3 - Adult Protection MH (C&T) (S) (A) Mental Health (Care and Treatment) (Scotland) Act 2003 MWC Mental Welfare Commission NFA No Further Action OPG Office of the Public Guardian PCM Professional Concerns Meeting SCET Social Care Emergency Team

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 5 PROCEDURE

(Each procedural step has a corresponding Guidance note on the following page)

Section 1 – Referrals / Screening

1.1 Receiving worker receives a referral. This includes additional information about a case.

1.2 Receiving worker discusses the referral with the Team Manager/Duty Manager and advises as far as is possible: if the subject has given their consent to the referral being made, the circumstances of the subject including any known alleged perpetrator/ harmer, the context, the type of harm reported and the level of risk– Chronic/Acute.

1.3 The Team Manager/Duty Manager considers the referral and decides if it is to be treated as an adult protection referral. The council has a duty to inquire /investigate all suspected or reported cases where an adult at risk may be at risk of being harmed. This includes consideration for an Inter-agency Referral Discussion (see guidance)

1.4 The Team Manager/Duty Manager and receiving worker decide what agencies they will each contact to gather background, including current circumstances, chronological information and a copy of the most up to date risk assessment(s) to put the content of the referral into context.

1.5 The Team Manager/Duty Manager records the screening decision and outcome on SWIFT referral and allocates a responsible worker.

1.6 Receiving worker enters, for both allocated and unallocated cases, ‘Contact’ and ‘Referral’ on SWIFT Front Desk, selecting the heading ‘Adult Protection’ for both the ‘Contact’ and ‘Referral’ reasons, including recording the type of harm on SWIFT – See Section 6, SWIFT screenshot.

1.7 When the outcome from the IRD requires social work intervention, the Team Manager/Duty Manager is responsible for allocating the case to a Council Officer and briefing them about the agreed actions and further inquiries to be made.

1.8 For all verbal referrals made to social work, social work should request a written referral from the referrer. This enables the referrer to confirm the information they shared with social work, be accountable for it and to add any other detail to put into context their concerns for the adult – See Section 6, form 1 – Adult Protection Request for Written Referral.

1.9 The receiving worker contacts and advises professional referrers only about the outcome of the referral they made.

1.10 If the case is not, at this point, to be treated as an adult at risk, further action(s) may still be required. This will include screening of all Adult Referrals received from the Police. See 1.10 for full guidance on screening and managing the receipt of adult referrals and additional information.

1.11 The Team Manager/Duty Manager will decide whether a consultation and/or referral to the Adults with Incapacity Team should be made.

6 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes GUIDANCE FOR REFERRAL / SCREENING

(Each Guidance note refers to a separate procedural step)

1.1 Receiving worker receives a referral. This includes additional information about a case.

1.1.1 Receiving worker is required to try to ascertain the type of harm and level of risk for the person referred – Chronic/ Acute – and if the person is capable or not to give their consent to the information on the referral being shared with others.

1.1.2 An Acute case or situation is where there is a current or immediate concern for the person’s welfare, safety and protection.

1.1.3 A Chronic case or situation is where there are ongoing concerns that may / may not be being managed under care management but, a level of risk and harm remains for the person.

1.1.4 Each adult protection case or situation can change from Chronic/Acute or from Acute/Chronic. SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING

NOTE: It is important to review all background information for the person in light of any new information.

PROMPT: Evidence from practice suggests that due attention requires to be given to cases where there is a moderate risk that may present 1) frequently and/ or 2) may pose/ provoke dilemmas and /or uncertainty for the practitioner. These scenarios should be discussed and recorded by the Team Manager/ Duty Manager on Duty or by discussion with the line manager in supervision.

1.1.5 The following personal information (or as much as possible) should be gathered: n Name and address n Date of birth n Gender n Ethnic origin n Religion n GP n Type of housing resided in – private/council/housing association etc. n The individuals who normally reside at this accommodation n Any individuals who are temporarily resident at this accommodation n Family circumstances n Informal/formal support networks n Physical health n Any known communication needs –language and /or visual / hearing impairment n Mental health, including whether the person is currently subject to, or has been subject in the past to any order under the Mental Health (Care and Treatment) (Scotland) Act - MH (C & T) (S) (A) , Adults With Incapacity Act - AWI (S) Act n Previous adult protection concerns n The referrer’s name, designation, agency and purpose of involvement n The nature/substance of the adult protection concern/allegation n Has the person given their consent to the referral being made and do they know that the content of the referral might be shared with other agencies n Details of care providers/significant others n Details of alleged perpetrator/ harmer, current whereabouts and likely movements within the next 24 hours, if known n Details of any specific incidents, e.g. dates, times, injuries, witnesses, evidence such as bruising n Background/chronology of any previously recorded concerns n Details of any other agency’s involvement and / or interest.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 7 1.2 Receiving worker discusses the referral with the Team Manager/Duty Manager and advises as far as is possible, if the subject has given their consent to the referral being made, the circumstances of the subject including any known alleged Perpetrator/ Harmer, details the context, the type of harm reported and the level of risk – Chronic/Acute.

1.2.1 Referrals can come from a wide variety of staff, intra - agency or inter – agency, members of the community, family and friends of the subject or by an anonymous source. What one person or agency may know about a person may only be part of a more concerning picture.

1.2.2 The receiving officer must discuss all adult protection cases with the Team Manager/Duty Manager, confirming whether or not the subject of the referral has given their consent to the referral being made. However, information can be shared without the consent of the subject when this is necessary to offer support and protection to the adult or others who might be at risk of harm.

1.2.3 Any suspected crime or suspicion of a crime must be reported to the Police. It is the responsibility of the Police/ Procurator Fiscal to determine whether or not a crime has been committed.

1.2.4 Depending on the information reported to social work the Team Manager/ Duty Manager decides as and when necessary, to allocate a Council Officer to visit and assess the circumstances of the subject referred.

SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING 1.3. The Team Manager/Duty Manager consider the referral and decide if it is to be treated as an adult protection referral. The council has a duty to inquire /investigate all suspected or reported cases where an adult at risk may be at risk of being harmed. This includes consideration for an Inter-agency Referral Discussion (see guidance).

1.3.1 The Team Manager decides whether the referral is an adult protection referral by determining if the subject is an adult at risk of harm by assessing the person’s circumstances within the context of the Adult Support and Protection (Scotland) Act 2007.

1.3.2 Definition: “Adults at Risk” are adults, aged 16 and over who:

a) Are unable to safeguard their own wellbeing, property, rights or other interests and b) Are at risk of harm, and c) Because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulner able to being harmed than adults who are not so affected.

1.3.3 The adult must meet each of these three definitions to be assessed as an adult at risk. This has become commonly known as the ‘three point test’.

1.3.4 Definition; ‘Harm’: an adult is at risk of harm if:

a) Another person’s conduct is causing (or is likely to cause) the adult to be harmed, or b) The adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm

8 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 1.3.5 Harm can include psychological, physical, sexual, neglect, financial or self-harm. Harm may result from deliberate intention or acts of omission.

1.3.6 The ELBEG Guidelines Section 2, pages 5-16 outlines What Is Harm? Who May Cause Harm? and Patterns of Harm. This is a useful reference point for all practitioners considering the type of harm posed to an adult at risk whenever there is suspicion or evidence of harm, but, this is not an exclusive list. If you are in doubt, speak to your Team Manager/Duty Manager for advice and guidance. You can request a PDF copy of the ELBEG Guidelines by contacting the APSS.

1.3.7 Serious Harm; The Adult Support and Protection (Scotland) Act 2007 does not define serious harm. There are no absolute criteria on which to rely when assessing what might constitute serious harm.

NOTE: There is a level of subjectivity that needs to be taken in to consideration in the assessment of serious harm – i.e. the impact of certain behaviours on one person may be quite different for another person. This has to be individually assessed.

Consideration should be given to:- n The vulnerability of the adult n The adult’s usual and regular support n The ability of the adult to physically and /or emotionally protect themselves from harm n The nature, degree and extent of the harm n The context of the episode/events

n The duration and frequency of the harm and neglect SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING n The degree of threat and coercion n The risk of repeated or increasingly serious acts involving them or others n The impact on the person concerned. It could be one single traumatic event that might constitute serious harm and / or a series of ‘lesser’ incidents.

1.3.8 It is important to remember that if an adult is assessed to be an ‘adult at risk of harm’, the Duties in the ASPA (S) 2007 require to be adhered to.

1.3.9 The Team Manager/Duty Manager informs the worker about their screening decision. This could be one of the following: n Considered to be an adult at risk of harm or serious harm –consider Electronic Inter-agency Referral Discussion (E –IRD); n Not considered to be an adult at risk of harm – refer back to Care Management; n Not considered to be an adult at risk of harm – refer to Social Work, Occupational Therapy referral; other n Referral / information shared with another agency; n NFA.

1.3.10 It is the responsibility of the Team Manager/ Duty Manager to ensure that the Social Care Emergency Team (SCET) are informed and advised about the circumstances and status of the referral, as and when necessary via telephone or SWIFT. This should include the location of the subject if different from their usual residence.

1.3.11 SCET can access Meridio - where the Adult Protection Service Support (APSS) store all Adult Protection reports and minutes – and SWIFT for access to individual case records.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 9 1.4. The Team Manager/Duty Manager and receiving worker decide what agencies they will each contact to gather background, including current circumstance, chronological information and a copy of the most up to date risk assessment(s) to put the content of the referral into context.

1.4.1 The agencies contacted could include for example: day care, domiciliary care provider; respite care provider; district nurse etc.

1.4.2 For each adult protection referral it is necessary to consider previous and other reports of concern about the subject to put the referral into context and to ascertain what type of risk the adult and others are at risk from and from whom – any known alleged Perpetrator/ Harmer.

1.4.3 These checks require to be completed in a systematic way to ensure all pertinent information is gathered and assessed to make an informed decision about whether the subject is an adult at risk of harm/ serious harm.

It is important to check SWIFT using the ‘wild card’ (%%%) search to find out if the subject is known by another name, their personal details are correct, do they have any known relationships with other vulnerable adults or children who might also be at risk from the Alleged Perpetrator/ Harmer.

SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING 1.4.4 The Team / Manager Duty Manager might decide that an IRD is required at this point. See - Section 2 –Inter-agency Referral Discussion (IRD) & Professional Concerns meeting.

1.5. The Team Manager/Duty Manager record the screening decision and outcome on SWIFT referral and allocate a responsible worker.

1.5.1 The Team Manager/Duty Manager record their screening decision along with their name/initials on SWIFTs Referral notes field by completing the outcome field and outcome date/time field.

1.5.2 The Team Manager/Duty Manager should also record who the responsible worker is on SWIFT’s involvement tab.

1.5.3 The Team / Manager Duty Manager might decide that an IRD is required at this point. See - Section 2 – Inter-agency Referral Discussion (IRD) & Professional Concerns meeting.

1.6. Receiving worker enters, for both allocated and unallocated cases, ‘Contact’ and ‘Referral’ on SWIFT Front Desk, selecting the heading ‘Adult Protection’ for both the ‘Contact’ and the ‘Referral’ reasons, including the type of harm on SWIFT - See Section 6, SWIFT screenshot.

1.6.1 Input Adult Protection contact and referral on SWIFT Front Desk, selecting the heading Adult Protection for both the contact and referral reasons. All Adult Protection referrals – for allocated and unallocated cases must be entered into SWIFT this way to:-

n Highlight the history, frequency and pattern of Adult Protection referrals/concerns made about a subject n Enable an automatic alert to be activated on SWIFT as a pop-up box noting – ‘Adult Protection concern’ – when multiple adult protection referrals are made within a set time frame - See Section 6, SWIFT screenshot n Enable an automatic Hazard to be created on SWIFT - See Section 6, SWIFT screenshot.

1.6.2 The receiving worker should record on SWIFT the type of harm using the ‘Stated Issues’ tab which appears beside the ‘Action’ tab. More than one type of harm can be recorded.

1.6.3 The referral should then be sent electronically using the ‘Action’ tab to the appropriate named manager:

n For allocated cases the ‘action’ should be sent to the responsible Team Manager or Duty Manager - when the Team Manager is unavailable n For unallocated cases the ‘action’ should be sent to the Duty Manager n The Duty Manager and Team Manager can decide to notify other teams about the Adult Protection referral by sending this referral to them – AWI Team, SCET, Adults Team, Older People’s Team, Criminal Justice and Children & Families.

10 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 1.7. When the outcome from the IRD requires social work intervention, the Team Manager/Duty Manager is responsible for allocating the case to a Council Officer and briefing them about the agreed actions and further inquiries to be made.

1.7.1 The Team Manager/Duty Manager is responsible for implementing the IRD action(s) by allocating a Council Officer and informing them about what they are to make further inquiries about.

1.7.2 It is important when investigating the circumstances of each adult at risk that the Team Manager and Council Officer take in to consideration the range of legislation that may be appropriate to consider including the inter-relationship between the ASPA, AWI (S) Act and MH (C & T) (S) (A) to be able to identify the best option to manage each situation.

1.7.3 Under the Adult Support and Protection (Scotland) Act 2007 the council has been given the role of lead agency in making inquiries and investigating the circumstances of an adult at risk of harm. However, given the complexity of adult protection matters, the council will always work in a multi-agency way with other agencies – in the private, vol untary, corporate sector, banking institutions, Care Inspectorate also known as the Social Care and Social Work Im provement Service (SCSWIS), The Public Guardian and other statutory agencies – to collate and gather information about the adult at risk, to ensure a thorough investigation of their circumstances.

1.7.4 The Police have a duty to investigate allegations of crime. Where a crime may have been committed against an adult at risk of harm the Police will undertake their own criminal investigation. The criminal investigation will inform the Adult Protection process to ensure suitable support and protection for the adult at risk and others, as and when necessary. SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING

1.7.5 If the adult at risk has capacity and does not want further action to be taken by the Police, this decision must be made known by the Police to the Council Officer. The Council Officer may need to take in to consideration any possible risk to others/ the public. The Council Officer will notify the other agencies involved.

1.7.6 The Adult Support and Protection (Scotland) Act 2007 provides powers for the council to:- Visit the adult at risk - under S.7 n Interview the adult at risk in private – under S.8 n Request a medical professional to medically examine the adult at risk – under S.9 n Examine records – health, financial or other records – under S.10 n Apply for a Warrant for entry n Secure the adult at risk’s property.

1.7.7 These powers require the consent of the adult at risk or, if incapable, with the consent of any proxy to agree to such interventions. It is possible that the adult may give their consent to any one of the above interventions, but later change their mind (during the process). If the adult is taken to another location it is the responsibility of the social work service to return them to the location they were taken from.

Serious Harm and Powers:

1.7.8 An adult must be at risk of serious harm for consideration to be given to any one of the three Protection Orders. There is no definition provided in The Adult Support and Protection (Scotland) Act 2007 as to what constitutes seri ous harm. This is because serious harm will be different from person to person depending on their personal circumstances.

1.7.9 An adult at risk of serious harm must consent to consideration for one of the three Protection Orders to be applied for, or the council must evidence to the court that the adult at risk is at risk of serious harm and under undue pressure from another person, and that if they were not so, they would consent to the application for a Protection Order.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 11 1.7.10 The three Protection Orders are:

n Assessment Order – under S.11 n Removal Order – under S.14 n Banning Order and Temporary Banning Order – under S.19.

1.7.11 Each Protection Order can be considered at any stage of the investigation dependent on which one would be considered as providing the most appropriate formal support and protection to the adult at risk of serious harm.

1.7.12 Applications must be made to either a Sheriff during office hours or a Justice of the Peace (JP) during out of office hours.

It is the appointed Council Officer’s responsibility to care manage each adult at risk case in line with Adult Protection procedures.

1.7.13 Council Officers in West Lothian are staff who:

Have a social work qualification Are registered with the SSSC Have 12 months post qualifying experience of identifying, assessing and managing adults at risk.

1.7.14 Dependent on the content and outcome (s) from the IRD, the Team Manager/Duty Manager might need to

SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING consider who else could be involved in investigating the adult’s circumstances, especially when the adult is not known to Social Work. Due consideration will be required on a case by case basis but could include the following staff:

n A support worker, day care worker or residential worker who has a rapport and relationship with the adult n The adult at risk’s GP or community psychiatric nurse n Speech and language therapist n Police officer n Housing officer n Other (s).

The above staff might be able to impart their knowledge to the Council Officer about the best way to communicate and engage with the adult, to enable the adult to participate as fully as possible in the investigation.

1.7.15 The Team Manager/ Duty Manager will determine the required response time to investigate the circumstances of the adult by considering: n The urgency of required response – in an Acute situation n The setting of the allegation – own home, care setting etc. n The communication needs of the adult at risk n The adult at risk’s informal support network – carer(s), family and friends n The availability of other staff to participate in the investigation n The involvement of a Mental Health Officer, especially when the adult at risk is assessed as being incapable in certain areas or if an adult at risk’s capacity is in doubt but they have not had their capacity assessed by a GP or Psychiatrist n When the alleged perpetrator/ harmer is an ‘open’ social work case n Where the alleged perpetrator/ harmer is a legally appointed proxy; guardian or power of attorney n Unknown whereabouts of any alleged perpetrator/ harmer(s) n The level and type of risk posed to the adult at risk and other(s) – children and the public.

12 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 1.7.16 The Council Officer should continue the inquiry process by:

n Checking SWIFT for background information on the adult at risk and any alleged perpetrator/ harmer n Checking SWIFT by using a ‘wildcard’ (%) search to find out if the adult at risk or alleged perpetrator/ harmer is known by another name and if they have known relationships with other adults/children who may also be at risk n The need to pass on and share information with other agencies and other social policy practice teams, e.g. Children & Families, Criminal Justice, Housing and Multi-agency Public Protection Arrangements when there might be an impact for another vulnerable adult, child or to the public n Consideration for the circumstances and safety of anyone living in the same home/environment as the adult at risk n Obtaining and reading current and archived social work files n Agreeing who will contact which agency and by when to discuss and ascertain their views on the adult at risk’s circumstances in order to make a fuller picture of the information already gathered.

When in doubt check it out! There will always be exceptions to the above examples which will require the Council Officer to discuss with their Team Manager/ Group Manager the impact for an alleged perpetrator/ harmer being a member of staff or a relative of a member of staff.

1.7.17 The Team Manager/Duty Manager is responsible for keeping their Group Manager informed, and in particular about any difficulties, practice dilemmas and complex ‘adult at risk’ inquiries and IRD actions.

1.7.18 The Team Manager/Duty Manager is responsible, in consultation with the Group Manager, for deciding when it is

necessary to inform external agencies about an Adult Protection investigation. This could include: SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING n The Care Inspectorate also known as the Social Care and Social Work Improvement Service (SCSWIS), to report incidents of harm/acts of omission – neglect occurring within any registered services n The Mental Welfare Commission about any significant occurrence – sudden death, significant Adult Protection Investigation being initiated n The Office of the Public Guardian regarding concerns over legally appointed guardians for people lacking capacity and powers of attorney.

1.8. For all verbal referrals made to social work, social work should request a written referral from the referrer – See Section 6, Form 1 – Adult Protection Request for Written Referral.

1.8.1 The Team Manager/Duty Manager sends an action on SWIFT to the responsible practice team’s administrative support to send out an Adult Support and Protection request for a written referral to the referrer. This letter requests the referrer to record their verbal referral and to return this to the practice team. All returned referrals should be filed in the subject’s social work file. See Section 6, Form 1 – Referral letter.

1.9. The receiving worker contacts and advises professional referrers only about the outcome of the referral they made.

1.9.1 It is important that the receiving worker feeds back to the referrer the outcome of the screening decision. This could be any of the following:

n Adult at risk of harm or serious harm –consider Electronic Inter-agency Referral Discussion (E –IRD); n Care Management; n Social Work, Occupational Therapy referral; other n Referral to another agency; n NFA.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 13 1.10. Management of Adult Referrals from the Police (previously known as JLOs)

1.10.1 It is acknowledged that not all referrals from the Police may necessarily meet the legal definition of an ‘adult at risk’ but the person may, nevertheless, be considered to be vulnerable.

1.10.2 The Police make adult referrals when they have been involved in an incident and they assess that the person(s) involved may be an ‘adult at risk’ or vulnerable. This might be when the Police are concerned about the circumstances of the person, their living environment and in need of support etc.

1.10.3 Within Social Policy, any referral marked ‘sent to Social Work for Action’ by the police will be screened as per the cur rent practice; checking social work records, ascertaining the type and level of risk the person is at and identifying if they have any known supports or informal supports to ensure an informed judgement is made about how to respond to each Adult Referral. The Team Manager is responsible for recording the action taken and decision(s) reached on SWIFT. Referrals marked ‘Sent to Health for Action and Social Work for Information’ will continue to be screened and recorded appropriately on SWIFT by the Team Manager.

1.10.4 In response to the Adult Support and Protection (Scotland) Act 2007 duty to inquire the following decisions can be made by the screener of the adult referral from the Police to:

n Ascertain from SWIFT if another team and or agencies are involved with the subject and, forward the referral on for information and /or follow up n Send out a standard Duty letter to the subject when the referrer has deemed they may be or are suspected to be

SECTION 1 | GUIDANCE FOR REFERRAL/SCREENING an ‘adult at risk of harm’ and Social Work has assessed and concluded that they are at low risk and have other supports in place (formal and informal) n Allocate a Council Officer to visit the subject promptly to gather further information about their circumstances, as and when necessary.

1.10.5 When three letters are sent by Social Work to the same subject within a six month period of time, a subsequent letter should be sent to notify them that an appointment has been made for the Duty Worker to visit them at their residence to discuss their circumstances. The Team Manager/Duty Manager should ‘action’ the practice team administrative service via SWIFT to send out the standard Duty letter to the subject.

1.11. The Team Manager/Duty Manager will decide whether a consultation and/or referral to the Adults With Incapacity (AWI) Team should be made.

1.11.1 Where there is any question about a subject’s capacity, related usually to mental illness, dementia, learning disability or a head injury, the AWI Manager must be consulted. The purpose of this contact can be to:

n Discuss the person’s capacity; n Consideration of AWI (S) Act or MH (C & T) (S) (A); n Establish if a Power of Attorney, Guardianship Order or Intromittor of Funds has been set up; n Establish any history of statutory episodes; n Discuss the reported allegations, circumstances and presentation of the subject; n Discuss the status and involvement of the perpetrator, if appropriate; n Discuss/agree on the involvement of the AWI / MHO Team; n Allocate/agree a lead Council Officer; n Establish who else should be involved.

1.11.2 It is imperative that the Team Manager/Duty Manager consult with the AWI Team if the subject has: n A Power of Attorney n A Guardian n An Intromitor of Funds.

1.11.3 If a referral is required to the AWI Team, the Team Manager must input ‘Contact’ and ‘Referral’ on SWIFT using ‘AWI Assessment’ as referral reason and send electronically by using ‘Action’ tab to AWI Manager. The AWI Manager will screen the practice team’s referral and initiate further contact.

1.11.4 If it is decided not to consult with or make a referral to the AWI Team, the rationale for this decision must be clearly recorded by the Team Manager/Duty Manager on SWIFT case notes selecting ‘Adult Protection’ note type.

14 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes PROCEDURE

(Each procedural step has a corresponding Guidance note on the following page)

Section 2 – Inter-agency Referral Discussion (IRD) & Professional Concerns Meeting (PCM)

1. The Team Manager/Duty Manager is responsible for deciding when to conduct an Inter-agency Referral Discussion (IRD).

2. The Team Manager/Duty Manager record the IRD decision(s) on the eCare Electronic Inter-agency Referral Discussion (E-IRD) eCare system and records this on SWIFT by using the Adult Protection Module – Strategy Tab – See Section 6, SWIFT Strategy screenshot.

3. When the outcome of the IRD is to hold a Professional Concern Meeting (PCM), the Team Manager/Duty Manager in partnership with the Council Officer is responsible for convening this. SECTION 2 – DUTY TO INQUIRE / INTER-AGENCY REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 15 SECTION 2 – GUIDANCE FOR INTER-AGENCY REFERRAL DISCUSSION (IRD) & PROFESSIONAL CONCERNS MEETING (PCM)

(Each Guidance note refers to a separate procedural step)

2.1 The Team Manager/Duty Manager is responsible for deciding when to conduct an Inter-agency Referral Discussion (IRD).

2.1.1 The Council has a duty to inquire in relation to each referral to be treated as potentially ‘adult at risk of harm’.

2.1.2 The Team Manager/Duty Manager needs to consider the underpinning principles of The Adult Support and Protection (Scotland) Act 2007 when making decisions about the adult at risk. See Section 7 – Adult Support and Protection (Scotland) Act 2007 - S1 general principles on intervention in an adult’s affairs and S2 principles for performing Part 1 functions for further details as to what these principles are.

2.1.3 Who can make an Inter-agency Referral Discussion (IRD)?:

Only a Team Manager/Duty Manager can initiate an IRD with the Police and or the NHS and respond to an IRD initiated by the Police or NHS.

2.1.4 Purpose of an IRD: The purpose of an IRD is to hold a discussion between two or all three of the statutory agencies (Police, Social Work and NHS) to share and consider all relevant information about an ‘adult at risk of harm’, ‘serious harm’ and under ‘undue pressure’ in order to:

SECTION 2 – DUTY TO INQUIRE / INTER-AGENCY REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY n Plan the investigation and establish which agencies are to be involved n Agree what protective measures may be required immediately to safeguard the adult n Identify and share relevant information regarding any concerns raised about the adult n Establish whether a crime may have been committed that will require a Police investigation n Establish whether an Adult Protection investigation is required n Establish whether a Professional Concerns Meeting is required n Establish whether an Adult Protection Case Conference is required n Establish what type of Adult Protection investigation is required (e.g. individual or possible Large Scale Investigation). The Large Scale Investigation Protocol should be referred to – See Section 12, Large Scale Investigations Protocol.

2.1.5 Those undertaking the IRD make decisions and plan resources on the basis of the shared information.

2.1.6 An IRD will take place between: n A Team Manager/Duty Manager in Social Policy n A Detective Sergeant or Adult Protection Officer within the Public Protection Unit (PPU) n Out of Hours- Duty Police Inspector n A relevant member of staff in NHS Lothian as identified by that agency.

16 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 2.1.7 Making an IRD:

n An IRD should be made by telephone – it is vital that prior to this discussion that the initiating agency tells the other agency that they are making an IRD. Each agency must agree that it is an IRD and who will complete the E-IRD form n Information held by each agency about the adult is shared n The initiating agency will record this information on the E-IRD. It may be that, when the NHS or Police initiate an IRD for an active social work case (i.e. the service user is allocated), it may be prudent for the social work Team Manager/Duty Manager to consider and agree to complete the E-IRD.

2.1.8 Information Sharing:

The Adult Support and Protection (Scotland) Act 2007 supports information sharing without consent when it is necessary to protect adults at risk.

The General Medical Council has issued guidance to NHS staff informing them about this. This guidance can be found at:http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality_endnotes.asp

2.2 The Team Manager/Duty Manager records the IRD decision(s) on the eCare Electronic Inter-agency Referral Discussion (E-IRD) eCare system and records this on SWIFT by using the Adult Protection Module – Strategy Tab – See Section 6, SWIFT Strategy screenshot

2.2.1 Electronic Inter-agency Referral Discussion (E-IRD): All Adult Protection IRDs are conducted via the use of an IRD form which is available electronically on eCare to those undertaking IRDs. See Section 12- Electronic Inter-agency Referral Discussion (E-IRDs) Guidance Note.

When the Team Manager/Duty Manager has initiated an IRD or agreed to complete the E-IRD because the subject is

an active social work case they are required to record the decision (s) from the E-IRD and E-IRD outcome(s). REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY

2.2.2 A number of actions can result from the E-IRD process:

n Adult Protection Investigation – agencies can be involved proportionately. With the exception of a criminal investigation, it is anticipated that the council will be the lead agency in any investigation as per the legislation. n Professional Concern Meeting – consideration should be given to the need for holding a Professional Concern Meeting (PCM). This should be held within 3-5 working days of the decision to hold one or as soon as possible to this time scale to enable the attendance of key invitees. n Adult Protection Case Conference – consideration should be given to the need for holding an Adult Protection Case Conference (APCC). This should be held, as far as possible, within 20 working days of the decision to hold one or as soon as possible to this time scale to enable the attendance of key invitees. n Large Scale Investigation – where there is information that a number of adults are at risk in a group and/ or registered setting, or some other factor is apparent that could put more than one adult at risk or harm. Large Scale Investigation Protocol should be undertaken – See section 12, Large Scale Investigations Protocol. n No Further Action (NFA) under AP only – sufficient information may be available from the IRD process to conclude that no further action is possible. This may be when the situation can be resolved by legal opinion, introducing or amending services to provide an appropriate level of support or when the subject is capable and does not want further action or involvement with other agencies (Police, NHS).

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 17 2.1.7 Making an IRD:

n An IRD should be made by telephone – it is vital that prior to this discussion that the initiating agency tells the other agency that they are making an IRD. Each agency must agree that it is an IRD and who will complete the E-IRD form n Information held by each agency about the adult is shared n The initiating agency will record this information on the E-IRD. It may be that, when the NHS or Police initiate an IRD for an active social work case (i.e. the service user is allocated), it may be prudent for the social work Team Manager/Duty Manager to consider and agree to complete the E-IRD.

2.1.8 Information Sharing:

The Adult Support and Protection (Scotland) Act 2007 supports information sharing without consent when it is necessary to protect adults at risk.

The General Medical Council has issued guidance to NHS staff informing them about this. This guidance can be found at:http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality_endnotes.asp

2.2 The Team Manager/Duty Manager records the IRD decision(s) on the eCare Electronic Inter-agency Referral Discussion (E-IRD) eCare system and records this on SWIFT by using the Adult Protection Module – Strategy Tab – See Section 6, SWIFT Strategy screenshot

2.2.1 Electronic Inter-agency Referral Discussion (E-IRD): All Adult Protection IRDs are conducted via the use of an IRD form which is available electronically on eCare to those undertaking IRDs. See Section 12- Electronic Inter-agency Referral Discussion (E-IRDs) Guidance Note.

When the Team Manager/Duty Manager has initiated an IRD or agreed to complete the E-IRD because the subject is

SECTION 2 – DUTY TO INQUIRE / INTER-AGENCY REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY an active social work case they are required to record the decision (s) from the E-IRD and E-IRD outcome(s).

2.2.2 A number of actions can result from the E-IRD process:

n Adult Protection Investigation – agencies can be involved proportionately. With the exception of a criminal investigation, it is anticipated that the council will be the lead agency in any investigation as per the legislation. n Professional Concern Meeting – consideration should be given to the need for holding a Professional Concern Meeting (PCM). This should be held within 3-5 working days of the decision to hold one or as soon as possible to this time scale to enable the attendance of key invitees. n Adult Protection Case Conference – consideration should be given to the need for holding an Adult Protection Case Conference (APCC). This should be held, as far as possible, within 20 working days of the decision to hold one or as soon as possible to this time scale to enable the attendance of key invitees. n Large Scale Investigation – where there is information that a number of adults are at risk in a group and/ or registered setting, or some other factor is apparent that could put more than one adult at risk or harm. Large Scale Investigation Protocol should be undertaken – See section 12, Large Scale Investigations Protocol. n No Further Action (NFA) under AP only – sufficient information may be available from the IRD process to conclude that no further action is possible. This may be when the situation can be resolved by legal opinion, introducing or amending services to provide an appropriate level of support or when the subject is capable and does not want further action or involvement with other agencies (Police, NHS).

2.2.3 Access Permission:

Only authorised users may access the E-IRD eCare information sharing system. In order to determine who gets access to which information, based on designation, ‘need to know’ and consent, users have been allocated a role and a set of permissions. When authorised users log on and search for an adult, they will only get access to the level of permitted information. All social workers who have access to eCare have permission to view E-IRDs.

2.2.4 The initiating agency will then record this information on the E-IRD form.

2.2.5 Completing an E-IRD and timeframe:

The initiating agency assumes responsibility for the completion and signing of the E-IRD form (as far as they are able). However, when the NHS or Police initiate an IRD but it is for an active social work case (i.e. the service user is allocated), it may be prudent for the Team Manager/Duty Manager to consider and agree to complete the E-IRD form.

18 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 2.2.6 Once the initiating agency or Team Manager/Duty Manager for an active social work case has completed recording all the information on the E-IRD form, and saved the content, each agency’s participant can then access the form on the system and check the recording for accuracy and agree the content. If one of the participants disagrees with the recording, the initiating agency or Team Manager/Duty Manager for an active social work case may make changes for accuracy. The form can then be closed.

2.2.7 The E-IRD form should be completed (as far as is practicable) within 24 hours of the initiation of an IRD.

2.2.8 Cross Referencing the outcome of the IRD and completion of the E-IRD on SWIFT:

The Team Manager/Duty Manager should cross reference and record the decision(s) of the IRD and E-IRD outcome(s) on SWIFT by using the Adult Protection Module and making a recording on the SWIFT Strategy tab. See Section 6, SWIFT screenshot.

2.3 When the outcome of the IRD is to hold a Professional Concern Meeting (PCM), the Team Manager/Duty Manager in partnership with the Council Officer is responsible for convening this meeting

2.3.1 The Team Manager/Duty Manager is responsible for calling and organising a PCM as quickly as is reasonable for professional key invitees to attend, in partnership with the Council Officer. This might be a single or multi-agency meeting.

2.3.2 The purpose of a PCM is to quickly gather together key professionals to share information about the type of harm and level of risk for the adult at risk and others (where and when appropriate) and to agree a co-ordinated response to manage the situation. As this is an information sharing, planning and decision making meeting, the adult at risk is not invited to it.

It is expected that there should only be one PCM held as part of the Adult Protection process.

The aim of the PCM is to: REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY

n Gather together the key professionals at short notice – within 5 working days n Ensure effective communication between all agencies n Share information and discuss the adult at risk’s circumstances and identify any associated risks/concerns for other people known to the adult at risk n Report any suspected crime or suspicion of a crime to the Police, if and when this is revealed at this meeting. n It is the responsibility and role of the Police/Procurator Fiscal to determine whether or not a crime has been committed n Identify and agree actions to offer support and protection to the adult at risk n Identify level and type of risk for the adult and to consider the Level 3 Risk Assessment n Agree if No Further Action is required n Agree if an Adult Protection Case Conference (APCC) should be held n Identify the most suitable and accessible location for the APCC to be held to enable the adult at risk to attend, should they wish n Identify if there are any reasons why the adult at risk or any other interested party in the adult at risk’s life should not be invited to the APCC n Identify, in consultation with the APSS the date and time for the APCC and if it is necessary to hold a professional only pre-meeting, at the beginning of the APCC, to enable third party information to be shared n An APCC should be held as far as possible, within 20 working days of the decision to hold one or as soon as possible to this time scale, to enable the attendance of key invitees. However, in urgent situations it might be necessary to convene the meeting earlier. The Team Manager should use their discretion accordingly.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 19 2.3.3 Professional Concern Meeting (PCM) – Timeframe:

A PCM should be held within 3-5 working days of the decision to hold one or as soon as possible to enable key invitees to attend.

2.3.4 Chairing a Professional Concerns Meeting:

The Team Manager/Duty Manager will chair the meeting and refer to the PCM agenda to structure it – See Section 6, Form 3.

2.3.5 Minute Taking at the Professional Concerns Meeting:

The Team Manager/Duty Manager can minute or request the Council Officer to minute the meeting. The PCM agenda form should structure the content of the minute – See Section 6, Form 3. The minute from the PCM should be signed off by both the Team Manager and Council Officer.

Any agreed actions from the PCM should be recorded on the Adult Support & Protection Plan by the minute taker – See Section 6, Form 4.

The Council Officer is responsible for sending the final PCM minute and Adult Support and Protection plan to the APSS, those present and those who gave their apologies.

The APSS store the PCM minute and Adult Support & Protection Plan on Meridio to enable SCET and others to have access to all adult protection documentation.

As soon as is practicable after the PCM, the Council Officer should inform the adult at risk, or any other person acting on their behalf, about the decision(s) reached and actions agreed from this meeting. The only time this should not occur is when it is agreed that to do so, would cause unnecessary distress or place the adult at risk of further harm SECTION 2 – DUTY TO INQUIRE / INTER-AGENCY REFERRAL DISCUSSION (IRD) INQUIRE / INTER-AGENCY TO SECTION 2 – DUTY or serious harm.

20 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes PROCEDURE

(Each procedural step has a corresponding Guidance note on the following page)

Section 3 – Investigations / Risk Assessment

1. The Team Manager, Council Officer, and any other person involved in the investigation, agree and plan what actions need to be taken, by whom, in what order and identify a timeframe for doing this.

2. The Council Officer is required, whilst undertaking any formal interventions under the ASPA, to show the adult at risk their identification, advise the adult of their rights and explain the purpose of their intervention.

3. The Council Officer/Team Manager must consider the importance of considering and offering advocacy and other services to assist the adult at risk’s participation in the investigation process.

4. The Council Officer must consider the need for notifying and engaging with any legally appointed representative, family, carer or friends of the adult at risk to ascertain their views about the adult’s circumstances.

5. The Council Officer is responsible for reporting their initial findings including any risk(s) to their Team Manager. SECTION 3 | GUIDANCE FOR INVESTIGATIONS / RISK ASSESSMENT SECTION 3 | GUIDANCE FOR INVESTIGATIONS

6. The Council Officer is responsible for recording all actions taken and progressed on SWIFT as a case note using note type ‘Adult Protection’ for each case note.

7. The Team Manager is responsible for recording the investigation outcome on SWIFT by using the Adult Protection module ‘investigation’ tab – See Section 6, SWIFT Investigation screenshot.

8. The Council Officer should record significant events for the adult at risk on SWIFT or the Chronology Form – See Section 6, Form 2.

9. The Team Manager and Council Officer are responsible for the day to day care management arrangements for each adult protection case.

10. The Team Manager is responsible for liaising with Legal Services for advice when considering application for any one of the three Protection Orders – Assessment Order, Removal Order and Banning Order and Temporary Banning Order.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 21 SECTION 3 – GUIDANCE FOR INVESTIGATIONS / RISK ASSESSMENT

3.1 The Team Manager, Council Officer and any other person involved in the investigation agree and forward plan what actions need to be taken, by whom, in what order and identify a timeframe for doing this.

3.1.1 It is imperative that some planning work is undertaken prior to engaging with the adult at risk to investigate their circumstances. Planning considerations:- n How to involve the adult and other interested parties in the adult’s life except when this places the adult at further risk n What are the communication needs of the adult? n Capacity – has this been assessed? Is a capacity assessment required – if so, for what specific areas? n Taking account of the principles and definition of The Adult Support and Protection (Scotland) Act 2007 n Multi-disciplinary and multi-agency communication at all stages n Considering support as well as protection for the adult at risk to meet their needs n Assessing and planning in a comprehensive way n Weighing up the advantages, disadvantages, gains and losses to the adult’s quality of life, freedom or

SECTION 3 | GUIDANCE FOR INVESTIGATIONS / RISK ASSESSMENT SECTION 3 | GUIDANCE FOR INVESTIGATIONS independence which might result from any actions taken and the possible impact for empowering the adult and reducing identified risk n The need to apply for a Warrant For Entry when a Council Officer has been, or reasonably expects to be, refused entry or otherwise is unable to enter or that any attempt by a Council Officer to visit the place without such a warrant could defeat the object of the visit n Making a request to receive, access and examine records of another agency or corporate body, e.g. banking institution, care agency or medical records to assess and evidence areas of identified risk – See Section 6, Form 17. n Ensuring accurate and open record keeping on SWIFT. To gather information for report writing purposes and to evidence harm and/or serious harm when applying for any of the three Protection Orders n Taking time to check and reflect on due process and that all other agreed actions have been progressed and considered n Have the circumstances of the Perpetrator / Harmer been considered/ checked/ assessed?

3.2 The Council Officer is required, whilst undertaking any formal interventions under the ASPA, to show the adult at risk their identification, advise the adult of their rights and explain the purpose of their intervention.

3.2.1 At the outset of engaging with an adult at risk or any other person at the location being visited, the Council Officer is required to:-

n State the purpose of their visit. The purpose of the visit is to decide whether the subject is an adult at risk of harm and to establish whether the council needs to take any action in order to offer adequate support and protection to the adult. n Show their Council Officer Identification badge to confirm they are who they say they are. n Inform the adult at risk of their right not to answer any questions before the interview starts. The adult can choose to answer some questions but not others. The Council Officer may need to establish a ‘form of words’ that will, simultaneously indicate that an individual has the right not to engage in the conversation but that it may be helpful for them if they were to engage in some level of conversation.

22 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 3.2.2 Consideration should also be given to:

n If the adult is found unconscious, telephone 999 and request emergency help n If the adult requires emergency medical treatment but refuses to give their consent to this, an ambulance should be requested for medical staff to try to persuade and assess the physical condition of the adult n Taking account of the principles and definition of The Adult Support and Protection (Scotland) Act 2007 n Seeking the consent of the adult to be interviewed n Giving the adult an opportunity and encouragement to answer all questions n Promoting the adult’s participation in the interview – the provision of the person’s chosen communication aid(s) and/or being accompanied by another who has a relationship of trust with the adult at risk n Interviewing the adult in private if this would assist the investigation n Interviewing any other adult found in a place being visited whilst ensuring that they know that they also have the right not to answer any questions and must be informed of this at the outset of the Council Officer’s engagement with them n Listening and recording the adult’s and any other person interviewed expressed decisions and choices n Deciding where to visit the adult – their normal residence or at a registered setting, e.g. their day care placement, respite unit etc. n Consideration of other legislation – AWI or MH (C & T) (S) (A) and consultation with the AWI Team n Ensuring staff are protected and supported – working in pairs when evidenced as being necessary – liaising with the Police and asking them to be in attendance during a visit, as and when deemed necessary n Inspecting the living arrangements and any adjacent building of the adult’s residence – sleeping area, kitchen, cupboards, garage, outbuildings, garden shed and coal bunkers, if relevant n Planning and co-ordinating any medical examinations, especially when the person has evident injuries, or seems to be ill or in need of a mental health assessment n Planning the timing of visits and ensuring these are at a reasonable time, except when delaying a visit would / RISK ASSESSMENT SECTION 3 | GUIDANCE FOR INVESTIGATIONS increase the risk for the adult.

3.2.3 An adult is assumed to have capacity until they are assessed as not having this in all or some areas by a GP or Psychiatrist. However, an adult’s capacity must always be taken into consideration by the Council Officer as part of their investigation.

3.2.4 The following factors should be taken into consideration where there is doubt about the adult’s capacity:

n Does the adult understand the nature of what is being asked and why? n Is the adult capable of expressing their wishes/choices? n Does the adult have an awareness of the risk/benefits involved in their circumstances? n Can the adult be made aware of their right to refuse to answer questions as well as the possible consequences of doing so? n Should the adult’s capacity be formally assessed? n What specific aspects/ areas of the person’s capacity require to be assessed?

3.3 The Council Officer/Team Manager must consider the importance of considering and offering advocacy and other services to assist the adult at risk’s participation in the investigation process.

3.3.1 The Council Officer’s assessment of the adult’s communication needs will determine the need, or not, for accessing communication aids to assist and enable the person to participate in all adult protection processes, e.g. using a sign language interpreter, communication board or loop system.

3.3.2 The Council Officer should discuss and offer to refer the adult to independent advocacy after each interaction with the adult.

3.3.3 The Council Officer should record on SWIFT as a case note under note type ‘Adult Protection’ the outcome of their assessment of the adult at risk’s need, or not, for communication aids and whether or not the adult accepted independent advocacy. This evidences that the Council Officer considered the provision of such supports

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 23 3.4 The Council Officer must consider the need for notifying and engaging with any legally appointed representative, family, carer or friends of the adult at risk to ascertain their views about the adult’s circumstances.

3.4.1 As the lead professional, the Council Officer is responsible for assessing in a holistic way the views of others who have an interest in the well being of the adult at risk. This is to gather information from a wide variety of key contacts about the risks posed to the adult at risk, their ascertainable past and present wishes, preferences, non- verbal communication and associated behaviour(s) (especially if the adult is unable to verbally communicate) and any protective factors.

3.4.2 The Council Officer is responsible for the day to day care management of the adult protection case. The Council Officer is responsible for informing and advising other professionals, legally appointed guardian; guardian or power of attorney, family, friends and advocate when the identified level of risk and circumstances of the adult at risk change, improve or deteriorate. This could be from Acute/Chronic to Chronic/Acute. This is to ensure open communication, appropriate responses and ongoing support and protection to the adult at risk.

3.4.3 When the adult is known to be subject to intervention under the AWI (S) Act and MH (C & T) (S) (A) the AWI team must be notified and kept up to date with the circumstances of the adult being investigated.

3.4.4 It is imperative that changes in the adult at risk’s circumstances are communicated promptly between all involved professionals and interested parties to ensure that the PCM’s Adult Support and Protection Plan is actively considered and reviewed.

SECTION 3 | GUIDANCE FOR INVESTIGATIONS / RISK ASSESSMENT SECTION 3 | GUIDANCE FOR INVESTIGATIONS 3.4.5 The Council Officer is responsible for liaising directly with their Team Manager to report on significant changes in the adult at risk’s circumstances to determine an agreed response or intervention.

3.5 The Council Officer is responsible for reporting their initial findings and additional information, including any risk(s) to their Team Manager.

3.5.1 It is the responsibility of the Council Officer to inform their Team Manager about the identified level, type(s) of harm and circumstances of the adult at risk. Together they will review new information about the adult at risk’s circumstances and re-assess the implications from this information for the adult at risk.

3.5.2 Any new decisions and associated actions to provide support and protection to the adult must be discussed and shared by the Council Officer with all involved parties. The Council Officer should record this information on SWIFT as a case note under note type ‘Adult Protection’.

3.5.3 It is important that the Council Officer ensures that SCET is notified, about any changes in the circumstances of an adult at risk and any social work activity that might be required out of hours.

3.5.4 SCET has access to all SWIFT case records and is able to access stored reports and minutes from Meridio.

3.6 The Council Officer is responsible for recording all actions taken and progressed on SWIFT using the heading Adult Protection for each case note.

3.6.1 The Council Officer is responsible for recording all of their actions and contact with the adult at risk, professionals and other interested parties on SWIFT as a case note under note type ‘Adult Protection’.

3.6.2 All Adult Protection case notes should be printed off from SWIFT and filed within the adult at risk’s ‘adult protection module’ within their case file.

24 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 3.7 The Team Manager is responsible for recording the investigation outcome on SWIFT by using the Adult Protection module ‘Investigation’ tab – See Section 6, SWIFT Investigation screenshot

3.7.1 The Team Manager makes a decision about whether to hold a Case Conference. A Case Conference should be held as far as possible within 20 working days of the decision to hold one or as soon as possible to this time scale to enable the attendance of key invitees. However, in urgent situations it might be necessary to convene the meeting earlier. The Team Manager should use their discretion but set clear timescales and allocate responsibilities clearly.

3.7.2 The Team Manager records the investigation outcome by using the Adult Protection module on SWIFT by selecting the ‘Investigation’ tab to record the actions taken – See Section 6, SWIFT Investigation screenshot.

3.8 The Council Officer should record significant events for the adult at risk on SWIFT or the Chronology form – See Section 6, Form 2

3.8.1 The Chronology form should be used to record significant events, occurrences, detentions and actions taken or Protection Orders granted for the adult at risk. This ‘at a glance’ recording tool enables analysis of significant events in the adult’s life when putting into context previous or future adult protection referrals.

A Chronology can be run from SWIFT by ticking the Significant Events tick box on case notes. Identify the significant event by clearly naming it in the Head Line field and complete the narrative of the event in the Note

Details Field. / RISK ASSESSMENT SECTION 3 | GUIDANCE FOR INVESTIGATIONS

3.8.2 For further information on good practice when using and completing a chronology, refer to the Social Work Inspection Agency Practice Guide – Chronologies. This is available on the Care Inspectorate’s website – http://www. scswis.com/ (If you cannot open this link, please cut and paste it into your browser and search). When on this website do a Chronology Search.

3.9 The Team Manager and Council Officer are responsible for the day to day care management arrangements for each adult protection case.

3.9.1 The allocated Council Officer and supervising Team Manager are responsible for over viewing and care managing the circumstances of the adult at risk, as well as meeting the requirements from the Adult Protection process.

3.10 The Team Manager is responsible for liaising with Legal Services for advice when considering application for any one of the three protection orders – Assessment Order, Removal Order and Banning Order and Temporary Banning Order.

3.10.1 At any stage in the investigation the Team Manager can contact Legal Services to:-

n Consult them about the adult at risk’s circumstances, especially when the adult at risk is considered to be at risk of serious harm and or under ‘undue pressure’ n Discuss each application for a Protection Order.

3.10.2 For further information on the process for applying for any one of the three Protection Orders when Serious Harm or ‘undue pressure’ have been identified and evidenced see Section 4 – Guidance on the Case Conference / Adult Support and Protection Plan.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 25 PROCEDURE

(Each procedural step has a corresponding Guidance note on the following page)

Section 4 – Case Conference (CC) / Adult Support and Protection Plan

1. The Team Manager decides to hold a Case Conference.

2. A Case Conference should be held within 20 working days of the decision to hold one.

3. The Team Manager/ Council Officer will email Adult Protection Service Support to request an Independent Chair, minute taker and venue booking.

4. The Team Manager and Council Officer should agree invitees to attend the Case Conference.

Note: No suspected or alleged perpetrator/ harmer should be invited to the Case Conference without full discussion between the Team Manager and the allocated Adult Protection Liaison Officer in the Public Protection Unit.

5. The Council Officer should prepare a Case Conference Report & draft Level 3 Risk Assessment– See Section 6, Form.

6. The Council Officer should give a copy of the Case Conference Report & draft Level 3 Risk Assessment to the APSS 5 working days before the Case Conference.

SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE 7. An Independent Chair will be appointed. Role of the Independent Chair.

8. Both the Council Officer and Independent Chair are responsible for signing off the minute and Adult Support and Protection Plan of the Case Conference.

9. The Council Officer is responsible for updating and finalising the Level 3 Risk Assessment after the Case Conference.

10. As and when necessary, the Council Officer is responsible for completing an application to apply for Warrants for Entry and Protection Orders – See Section 6, Form 16.

Note – see No. 5 & 6 above – the expectation is that Social Work will prepare the single agency, draft Risk Assessment. APSS send the Council Officer report and draft Risk Assessment to invitees for their consideration prior to attending the multi – agency Case Conference. The Council Officer is responsible for including and finalising the draft Risk Assessment after the Case Conference to enable it to become a multi – agency Risk Assessment. This document is sent with the approved and signed Case Conference minute.

26 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes SECTION 4 – GUIDANCE ON THE CASE CONFERENCE / ADULT SUPPORT AND PROTECTION PLAN

(Each Guidance note refers to a separate procedural step)

4.1 The Team Manager decides to hold a Case Conference (CC).

4.1.1 The purpose of the case conference is to

n Bring together a range of individuals from other agencies to discuss and share information about the type of harm and level of risk posed to the adult at risk. n Engage with the adult at risk, their advocacy worker and/or other relatives, carers(s) and friends to hear and find out their views on the circumstances of the adult at risk and to identify any protective factors. n Identify and discuss the advantages/disadvantages of any possible intervention or action to offer support and protection to the adult at risk in order to manage and/or reduce the level of risk and type of harm. This will include, when necessary, the need to consider other pertinent legislation – AWI & MH (C & T) (S) (A) considerations.

4.1.2 Consideration should be given to convening a case conference in the following situations:

n The adult is at risk of harm/ serious harm n The adult at risk has capacity but is refusing to accept help to minimise the assessed level of risk n The adult at risk is unable to predict, respond to and protect themselves from perceived harm for whatever reason n Where there are doubts about the adult at risk’s capacity n When the adult at risk might be under undue pressure and if they were not so, they would consent to support PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE and protection measures n When access to the adult at risk is denied by another person n The level of risk is increasing and not being reported promptly by other professionals to the Council Officer n The IRD actions need to be discussed n The PCM established an Adult Support and Protection Plan with a contingency plan n At the discretion of the Team Manager n Difficult to establish the facts about the level of risk and when there is uncertainty on how to proceed or find a way forward. n Where there may be both personal risk to the individual and risk to the organisation.

4.2 A Case Conference should be held within 20 working days of the decision to hold one.

4.2.1 A case conference should be held within 20 working days of the decision to hold one or as soon as possible to enable the attendance of key invitees. However, in an urgent situation it might be necessary to convene the meeting earlier. The Team Manager should use their discretion accordingly.

4.2.2 The Team Manager/ Council Officer identify a date for the case conference in consultation with Adult Protection Service Support (APSS). A date should be set which is the most convenient for key invitees to attend and at the most accessible venue for the adult at risk to attend. The location of the venue is crucial to maximise the attendance of the adult at risk, their family, carer(s), advocacy worker and others.

4.2.3 The Team Manager should alert APSS from the outset whether or not a professional only pre- meeting to the case conference will be convened. This part of the case conference should be scheduled to last for 30 minutes maximum. This enables APSS to clarify the start time for the professional only pre meeting and the start time for the case conference which the adult at risk, family, carer(s), and advocacy worker are invited to attend..

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 27 4.3 The Team Manager will email APSS to request an Independent Chair, minute taker and venue booking.

4.3.1 Every case conference is chaired by an Independent Chair. Independent Chairs are Team Managers / Depute / equivalent.

4.3.2 The purpose of the Independent Chair role is to introduce a level of independence and objectivity to the Adult Protection case at the case conference and case conference review as part of the Adult Protection process.

4.3.3 Every effort is taken to ensure that whenever possible that Adult and Older People’s Services undertake this role for each other by matching an Independent Chair to the case conference and case conference review who is not involved or responsible for the day to day care management of the case.

4.3.4 The Team Manager in consultation with the APSS set the date for the case conference and a designated minute taker is appointed. If for any reason the APSS is unable to minute the meeting, the Team Manager should appoint an alternative minute taker.

4.3.5 The Team Manager should send the following type of information, as a minimum, to APSS to enable them to match a suitable and available Independent Chair to the case conference:-

n Responsible Team; n Council Officer’s name; n Team Manager’s name; n Adult at risk’s personal details; Name, DOB, Address & PID No.; n Date, Time and Venue for meeting (discussed in consultation with the APSS).

4.3.6 The APSS circulates the information from the Team Manager to all Independent Chairs to enable them to:-

SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE n Screen if there is any reason why they should not be matched to this case conference n Check their availability n Confirm their availability with APSS.

4.3.7 The APSS notifies and confirms with the Team Manager and Council Officer who the Independent Chair will be.

4.3.8 The Council Officer is required to make contact with the matched Independent Chair to brief them about the adult at risk’s circumstances prior to the case conference.

4.4 The Team Manager and Council Officer should agree invitees to attend the Case Conference.

4.4.1 Note: No suspected or alleged perpetrator/ harmer should be invited to the case conference without full discussion between the Team Manager and the allocated Adult Protection Liaison Officer in the Public Protection Unit.

4.4.2 It is the responsibility of the Team Manager and Council Officer to identify who should be invited to the case conference. When there are concerns regarding the adult at risk’s capacity, consideration should always be made to inviting a member of staff from the AWI Team.

4.4.3 The Team Manager should identify to the APSS whether the adult at risk should be invited to the case conference and, if invited, if they should be sent a written invitation or not. Unless there are specific and justifiable reasons why the adult at risk should not be invited, they should always be invited, encouraged and supported to attend. This may involve the Council Officer assisting the adult at risk to make travel arrangements, e.g. travel plans and communication assistance etc.

4.4.4 When an adult at risk chooses not to attend the case conference but requests their advocacy worker to attend on their behalf, the advocacy worker should be invited to represent their client’s views.

4.4.5 Exclusions; where the adult requests, or there are substantive grounds to believe that the involvement of the adult at risk’s carer(s) or family members would undermine the process and purpose of the case conference, they should be excluded throughout.

28 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 4.4.6 Grounds for exclusion would include:

n When they are the alleged perpetrator/harmer(s) n When there is substantive evidence to believe that there is a likelihood of violent or serious disruption to the Case Conference process n Unreasonable distress to adult n Reason to believe that undue pressure may be exerted.

4.4.7 When it is decided that there are grounds to exclude the adult at risk from the meeting, this may include the exclusion of any advocacy worker representing them.

4.4.9 Consideration should always be given by the Team Manager and Council Officer as to whether it is appropriate to inform the family or others about the decision to exclude the adult at risk or others from the case conference.

4.5 The Council Officer should prepare a Case Conference Report & Level 3 Risk Assessment– See Section 6, Form 5.

4.5.1 The Council Officer should use the Case Conference report form to structure the presentation of their report – See Section 6, Form 5 and prepare and present the Level 3 (i.e. adult protection) risk assessment. A level 3 Risk Assessment should always be completed prior to the case conference – even when it appears that the case conference will not progress to a case conference review.

4.5.2 Level 3 Adult Protection Risk Assessment: All adults at risk should have a Level 3 Risk Assessment completed by the Council Officer.

4.5.3 The Level 3 Risk Assessment should be completed on the eCare system by the Council Officer. The completion of this piece of work needs to be recorded by the Council Officer on SWIFT as an Adult Protection case note. The

Council Officer is required to print off and file the Level 3 Adult Protection Risk Assessment in the Adult Protection PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE module in the adult at risk’s case file. The preparation by the Council Officer of the Level 3 Risk Assessment will inform a multi-agency discussion and agreement on the final Level 3 Risk Assessment. Actions noted on the Level 3 Risk Assessment will be multi-agency as and when required or single agency dependent on the circumstances of the adult at risk.

4.5.4 The Council Officer should arrange a time to go over their Case Conference report and Level 3 Risk Assessment with the Adult at Risk, especially, when it has been decided that the Council Officer’s report is not to be enclosed with the letter of invitation to the subject, carer(s), friend(s) or advocacy worker. This ensures that the subject is: n Aware of the content of the report n Is given an opportunity to make comment upon it and add to it n If the subject is incapable, their legally appointed guardian should be made aware of its content, unless they are the alleged perpetrator/harmer and knowledge of the report would place the subject at greater risk.

4.5.5 The purpose of the Council Officer’s report and Level 3 risk assessment is to inform and advise those attending the case conference about the background, current circumstances and to identify the type, level, frequency and pattern of harm that the adult at risk has been subjected to or is at risk from.

4.5.6 The Council Officer’s report should be signed by both the Council Officer and a Team Manager.

4.5.7 Restricted Information: The Council Officer, if necessary, is responsible for differentiating on their Council Officer report which copy of their report is for professionals only and contains restricted information. This should be marked - Restricted Access Report, and the report, which does not contain restricted information should be marked – Non-Restricted Information. The latter should only be sent to the adult at risk, their family, carer(s), advocacy worker and others.

4.6 The Council Officer should give a copy of the Case Conference Report & level 3 Risk Assessment to the APSS 5 working days before the Case Conference.

4.6.1 The Council Officer should prepare a Case Conference Report & level 3 Risk Assessment – See Section 6, Form 5.

4.6.2 It is the responsibility of the Council Officer to notify the APSS whether or not the adult at risk is to be sent a copy of the Council Officer report, Level 3 Risk Assessment and to advise APSS on the matter of restricted information – see guidance above – 4.5.7.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 29 4.6.3 The Team Manager and Council Officer might determine that the safety and well being of the adult at risk would be placed at further risk if a third person were to access the posted Council Officer report and Level 3 Risk Assessment. In this situation, the Team Manager and Council Officer might use their discretion and decide not to post the adult at risk a copy of the Council Officer’s report and Level 3 Risk Assessment. Such decision making must be recorded on SWIFT, as a case note under note type ‘Adult Protection’.

4.6.4 Unless the Council Officer notifies APSS not to send the adult at risk a copy of the Council Officer’s report and Level 3 Risk Assessment it will be sent to them and all other invitees.

4.6.5 If the APSS does not receive a copy of the Council Officer’s prepared Council Officer’s report and Level 3 Risk Assessment 5 working days before the meeting, APSS will send an email reminder to the Team Manager and Council Officer. The purpose of the agreed timeframe for the submission of the Council Officer’s report and Level 3 Risk Assessment, is to enable APSS to post these reports to invitees and give invitees sufficient time to read both documents, in preparation for, attending and participating in the meeting.

4.6.6 The APSS will save a copy of the Council Officer Report and Level 3 Risk Assessment on Meridio. This enables SCET to have access to this documentation.

4.7 An Independent Chair will be appointed. Role of the Independent Chair.

4.7.1 The APSS electronically send the Independent Chair submitted reports for the case conference to enable them to begin to plan and prepare for the meeting.

4.7.2 The APSS provide the Independent Chair and other invitees with a copy of the agenda to highlight the structure of the meeting.

4.7.3 The Independent Chair is responsible for ensuring the effective management of the meeting.

SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE 4.7.4 Preparatory considerations:- n Reading submitted reports & the Level 3 Risk Assessment n Requests to exclude a person/s from the meeting & notifying the Council Officer and the APSS of the decision made n Liaison with the Council Officer to discuss the handling and management of anticipated conflicts/ tensions during the meeting n The need to hold or not a professional only pre case conference discussion for the maximum of 30 minutes or less, before the adult at risk and any other person supporting them is invited to join and participate in the meeting.

4.7.5 Management considerations:- n Welcoming everyone to the meeting and explaining its purpose. Occasionally this may include any observer with prior agreement from the adult at risk and Team Manager to attend the meeting. n Making introductions, noting apologies and circulating the attendance pro forma for completion by those in attendance. The completed attendance pro forma must be returned to the Adult Protection Service Support or the alternative minute taker. n Listening to verbal reports and considering written reports on the circumstances of the adult at risk. n Inviting comments and participation from those present including the adult at risk and / or their advocacy worker. n Identifying risks and summarising the information discussed. n Identifying the type and level of risk for the adult. n Requesting the Council Officer to present the Level 3 risk assessment with the other professionals to enable the Council Officer to incorporate additional multi-agency information given. Summarising the meeting and explaining that a minute of the meeting will be prepared by the APSS and that those present will be invited to comment upon this. n Identifying actions and establishing an Adult Support and Protection Action plan when it has been agreed that the individual will remain subject to Adult Protection procedures. n Identifying a suitable Contingency Plan should the Adult Support and Protection Plan not offer adequate support and protection to the adult. n Identifying the date for the Case Conference Review (CCR). This date should be held no longer than 3 months from the date of the Case Conference. n If a Core Group is established, the date for the Case Conference Review can be extended to 6 months but held no longer than the date of the Case Conference. An earlier Case Conference Review date can be called by anyone involved, if deemed necessary. n Completing the Service User Feedback form with the subject – See Section 6, Form 15.

30 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes n Ensuring that when an adult is taken off Adult Protection and they no longer require to be reviewed as part of the Adult Protection process that the reason(s) for this decision is summarised within the minute taken as a case conference closure summary. n Requesting the Team Manager to end the Hazard on SWIFT when the Adult Protection process ceases or the identified risk stops.

4.7.6 The purpose of the Core Group is to:

n Ensure the implementation of the multi-agency Adult Support and Protection Plan by the identified responsible officers, as and when necessary n Ensure that the stipulated timeframe for implementing the Adult Support and Protection Plan actions are upheld and progressed n Ensure effective and continual communication between all agencies involved in implementing the Adult Support and Protection Plan.

4.7.7 A Core Group is a group of Responsible Officers who have a key role to play in the Adult Support and Protection Plan. The function of a Core Group is to:

n Oversee and progress the Adult Support and Protection Plan actions, ensuring an adequate level of support and protection for the adult at risk n Report back to the Case Conference Review on the progress of the Adult Support and Protection Plan.

4.7.8 The responsible officers who form the Core Group should meet with the adult at risk as agreed to oversee the Adult Support and Protection Plan and have clear communication with each other and the adult at risk about the progress, or not, of agreed actions.

4.7.9 NB – Dependent on the circumstances of the adult at risk, it may be that the Core Group as a minimum will consist of only 2 responsible officers or more, as and when this is necessary. The Core Group, depending on the circumstances of the adult at risk, could be a single or multi-agency meeting. PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE 4.7.10 The Core Group Meeting will:

n Commence on the date agreed by the Case Conference and meet at the time frequency agreed between each Core Group n As the adult at risk’s circumstances change the Case Conference Review will review the membership of the Core Group to ensure that the key people are involved n Be reviewed at each Case Conference Review to decide whether the Core Group should continue or cease n With the exception of the date for the first Core Group, the Council Officer is responsible for co-ordinating and organising subsequent Core Group meetings.

4.7.11 In considering the timing of the first and subsequent Core Group meeting(s) the Independent Chair needs to consider:

n The identified level of risk for the adult at risk n The physical and emotional ability of the individual to protect themselve n The complexity of the case n The need to make the core group manageable for those identified responsible officers to commit to attending. The Core Group could be held weekly, fortnightly, 4 weekly or as and when required. n What responsible officers should attend the Core Group. This is likely to be responsible officers who have a direct day to day or weekly involvement with the adult at risk n A suitable and accessible venue for the Adult at risk to attend, should they choose to do so.

4.7.12 Post Case Conference considerations/ responsibilities:

n Reading, approving and signing off in consultation with the Council Officer, the draft case conference minute prepared by the APSS/alternative minute taker.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 31 4.8 Both the Council Officer and Independent Chair are responsible for signing off the minute and Adult Support and Protection Plan of the Case Conference

4.8.1 The Independent Chair and Council Officer are accountable for the content of the Case Conference minute and ensuring that it reflects the discussion points of the meeting and actions agreed to provide adequate support and protection to the adult at risk. The Independent Chair and Council Officer are responsible for individually checking, confirming or making any amendments to the minute and notifying the APSS of required changes. If the suggested amendments or changes to the minute are inconsistent with either the APSS or the alternative minute taker’s notes from the meeting, the Independent Chair should consider this and adjudicate accordingly.

4.8.2 If there continues to be dissent between parties, the Independent Chair should discuss this with the responsible Team Managers for the Council Officer, APSS and the alternative minute taker to seek a resolution.

4.8.3 When an alternative minute taker to the APSS has prepared the minute of the meeting and both the Council Officer and Independent Chair approve this minute, they should forward the final Case Conference minute to APSS at this point. The APSS finalise the minute for circulation and to be saved on Meridio.

4.9 The Council Officer is responsible for updating and finalising the Level 3 Risk Assessment after the Case Conference.

4.9.1 The Council Officer should update and finalise the Level 3 Risk Assessment following discussion at the Case Conference.

4.9.2 The Council Officer should send the final multi-agency Level 3 Risk Assessment to the APSS. The APSS will include a copy of this document and circulate it with the Case Conference minute to those who attended. The APSS cannot SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE circulate the minute from the Case Conference without the enclosure of the multi-agency Level 3 Risk Assessment. The APSS’s timeframe for circulating these documents is 15 working days.

4.10 As required, the Council Officer is responsible for completing an application to apply for Warrants for Entry and Protection Orders – See Section 6, Form 16

4.10.1 It is the responsibility of the Council Officer to prepare and present evidence on the completed Protection Order application form and to discuss this fully with their line manager. Only after the Council Officer’s Team Manager has seen, signed and approved the completed Protection Order application form can it be sent to Legal Services.

4.10.2 General application process:

4.10.3 Applications for warrants for entry and the various protection orders available under the Act will be made to the Sheriff Court. The exception to this is in urgent cases where a Justice of the Peace (JP) may grant a warrant for entry and a removal order. Such cases are covered by S.40 of the Act.

4.10.4 Throughout this guidance, reference is made to the various court application procedures which the Council’s solicitors will use, depending on which type of order is being sought. There is no expectation that Council Officers will have a detailed knowledge of those court procedures. Essentially, where the application is to be made to the Sheriff Court, the Council Officer will be accompanied in court by a solicitor from WLC’s legal services. Where application is to be made to a Justice of the Peace (JP), i.e. in urgent cases, the Council Officer will not be accompanied by a solicitor.

4.10.5 Warrants for Entry: Except for urgent case exceptions noted above, applications will be made by the council’s Legal Services to the Sheriff Court using a Form 35 under the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007 (No.2) 2008 (SSI 2008/335).

32 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 4.10.6 The Council Officer will require to give instruction to Legal Services to prepare the application and (although such a warrant may be granted without a hearing,) the Council Officer will require to attend any initial calling of the application in Sheriff’s Chambers and any subsequent hearing arranged by the court. It will be necessary to provide Legal Services with (1) the full name, address and date of birth of the adult at risk; (2) the individual place of habitual residence; (3) the address to which entry is sought; (4) the name of the Council Officer who will be executing the warrant; (5) the reason(s) why such a warrant is being sought; (6) confirmation that a Council Officer has been, or reasonably expects to be, refused entry to, or has been otherwise unable to enter the place concerned, or that any such attempt to visit the place without such a warrant would defeat the object of the visit; (7) whether the Sheriff is to be invited to dispense with notice of the application being made to the adult and the adult being afforded the opportunity to address the Sheriff and, if so, the basis for satisfying the Sheriff that this will protect the adult from harm; (8) any views known to the Council, if relevant, of the adult’s nearest relative, any primary carer, guardian or attorney and any other person having an interest in the adult’s well being or property; (9) that consideration has been given to the importance of the provision of appropriate services, including advocacy, to the adult. If, for some reason, not all of the required information can be produced then an explanation for the inability to produce must be provided.

4.10.7 The Council Officer attending court should be prepared to present evidence to a Sheriff under oath.

4.10.8 A warrant for entry authorises a constable to do anything, using reasonable force where necessary, to fulfil the object of the visit, which it can be assumed includes the issue of entry to the premises if required. It does not SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE similarly empower the Council Officer. Given that it will be impossible to predict what will happen in the course of any such visit the Council Officer should make prior arrangements with the Police in anticipation of a warrant being granted to facilitate a constable’s attendance at the premises.

4.10.9 Given that force may be used to enter the premises concerned it is important to establish whether the property is owner/ occupied, a council tenancy or that of a housing association or private landlord. Arrangements will require to be made to secure the property should force be used.

4.10.10 The warrant authorises the Council Officer to visit the premises and a constable to do anything, using reasonable force where necessary, to fulfil the object of the visit. A warrant on its own does not authorise removal of the adult at risk but rather allows the Council Officer to carry out functions in terms of Sections 4, 5, 6 and 7(2) of the Act. Any such warrant granted must be exercised strictly in accordance with Section 36 of the Act.

4.10.11 Section 40 of the Act allows for applications for warrants to be made to a Justice of the Peace (JP) where

(1) it is not practicable to apply to the Sheriff and (2) that an adult at risk is likely to be harmed if there is any delay in granting such a warrant.

4.10.12 Scottish Courts Administration operates a rota of Justice of Peace who are available to grant warrants. This rota will be made available to practice teams for use when required. Within normal council working hours, advice should be sought from Legal Services in order to determine whether the making of an urgent application to a JP is appropriate. Such urgent applications will involve the Council Officer making contact with the JP to arrange consideration of the application and should only be made outwith normal Sheriff Court working hours unless a Sheriff is not available to consider the application within an appropriate timescale. In out of hours cases, the Council Officer will not be accompanied by a solicitor from Legal Services and may well be proceeding without being able to obtain advice from them. The Council’s standard form would be used. This may involve visiting the JP at their home. The Council Officer will be required to give evidence under oath.

4.10.13 Be mindful of the expiry times of warrants. Those granted by a Sheriff expire 72 hours after being granted whilst those granted by a JP expire 12 hours after being granted.

4.10.14 The Council Officer should ensure that s/he always carries up to date, appropriately authorised identification confirming their status as a Council Officer

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 33 4.10.15 Application for Protection Orders: Protection orders are assessment orders, removal orders and banning orders. Banning orders may also be granted on a temporary basis and both removal orders and banning orders may also be varied or recalled at a later date. Such orders are granted by a sheriff with the only exception being an urgent removal order under S.40 of the Act which would be granted by a JP where (1) it is not practicable to apply to the Sheriff and (2) that an adult at risk is likely to be harmed if there is any delay in granting such an order. Scottish Courts Administration operates a rota of JPs who are available to grant urgent removal orders. This rota will be made available to practice teams for use when required. Such urgent applications will involve the Council Officer making contact with the JP to arrange consideration of the application and would normally be expected to be made outwith normal Sheriff Court working hours. In out of hours cases, the Council Officer will not be accompanied by a solicitor from Legal Services and may well be proceeding without being able to obtain advice from them. The Council’s standard application form would be used. This may involve visiting the JP at their home. The Council Officer will be required to give evidence under oath.

4.10.16 Applications for assessment and removal orders will be made by Legal Services to Livingston Sheriff Court within normal Sheriff court working hours, except for urgent removal order applications to a JP under S.40 of the Act. Such orders will be applied for by common law summary application procedure given that neither the Act nor the Act of Sederunt specifies what form such applications must take. Applications for banning orders will be by summary application under the Act of Sederunt. Applications for variation or recall of removal and banning orders will be by the way of minute in the court process relating to the original order. The instructing Council Officer will be required to attend any court hearings in relation to such applications.

4.10.17 There may be a hearing to consider the application attended by the subject of the application and the adult, possibly accompanied by a friend, relative, appointed safeguarder or other. Solicitors may also be in attendance.

4.10.18 Prior to the application being prepared the Council Officer will have to provide the allocated solicitor from the SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE Council with the following information.

4.10.19 Assessment Orders:

Instruction to Legal Services to prepare an application for such an order will include:- (1) the full name, address and date of birth of the adult at risk; (2) their place of residence; (3) the basis on which the Council has reasonable cause to suspect that the person in respect of whom the order is sought is an adult at risk who is being, or is likely to be, seriously harmed and why an assessment order is necessary to establish this; (4) that the adult consents to the making of the order or has been unduly pressurised to refuse consent or that there are no steps that could be taken with the adult’s consent which would protect the adult from the harm that the order would seek to avoid; (5) whether the person is being removed for interview or medical examination; (6) where will the adult be taken to and what evidence will be offered to the Sheriff that this place is both suitable and available; (7) whether the Sheriff is to be invited to dispense with notice of the application being made to the adult and the adult being afforded the opportunity to address the Sheriff and, if so, the basis for satisfying the Sheriff that this will protect the adult from serious harm or will not prejudice any such person; (8) any views known to the Council, if relevant, of the adult’s nearest relative, any primary carer, guardian or attorney, and any other person having an interest in the adult’s well being or property; (9) that consideration has been given to the importance of the provision of appropriate services, including advocacy, to the adult; and, because a Sheriff must grant a warrant for entry if an assessment order is granted, (10) the address to which entry is sought; and (11) the name of the Council Officer who will be executing the warrant.

Following grant of an assessment order it is important to note that S.13 of the Act provides that a person may be taken from a place only if it is not practicable (due to lack of privacy or otherwise) to interview the person under S.8 or conduct a medical examination under S.9 during a visit under S.7. This means that the position requires to be re-evaluated when visiting a place to execute an assessment order.

34 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 4.10.20 Removal Orders: Instructions to Legal Services to prepare an application for such an order will include (1) the full name and date of birth of the adult at risk; (2) their place of residence; (3) that the person in respect of whom the order is sought is an adult at risk who is likely to be seriously harmed if not moved to another place; (4) that the adult consents to the making of the order or has been unduly pressurised to refuse consent or that there are no steps that could be taken with the adult’s consent which would protect the adult from the harm that the order would seek to avoid; (5) the place where the adult is to be taken to and what reasonable steps the Council wishes to take for the purpose of protecting the moved person from harm; (6) that availability and suitability of the place to which the adult at risk is to be moved; (7) whether it is desirable for any specified persons (e.g. family etc.) to have contact with the adult and, if so, at what specified times and under what conditions - e.g. supervised; (8) whether the Sheriff is to be invited to dispense with notice of the application being made to the adult and the adult being afforded the opportunity to address the Sheriff and, if so, the basis for satisfying the Sheriff that this will protect the adult from serious harm or will not prejudice any such person; (9) any views known to the Council, if relevant, of the adult’s nearest relative, any primary carer, guardian or attorney, and any other person having an interest in the adult’s well being or property; (10) if a restriction on contact is to be sought , the names and addresses of any person whom it is known wishes to be able to have contact with the adult and any other person having an interest in the adult’s well being or property; and (11) that consideration has been given to the importance of the provision of appropriate services, including advocacy, to the adult.

4.10.21 Section 40 of the Act allows for the applications for removal orders to be made to a JP where (1) it is not practicable to apply to the Sheriff and (2) that an adult at risk is likely to be harmed if there is any delay in granting such an order.

4.10.22 Scottish Courts Administration operates a rota of JPs who are available to grant such orders. This rota will be made available PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE to practice teams for use when required. Within normal council working hours, advice should be sought from Legal Services in order to determine whether the making of an urgent application to a JP is appropriate. Such urgent applications will involve the Council Officer making contact with the JP to arrange consideration of the application and should only be made outwith normal Sheriff Court working hours unless a Sheriff is not available to consider the application within an appropriate timescale. In out of hours cases, the Council Officer will not be accompanied by a solicitor from Legal Services and may well be proceeding without being able to obtain advice from them. The Council’s standard form would be used. This may involve visiting the JP at their home. The Council Officer will be required to give evidence under oath.

4.10.23 If the adult is moved under a removal order their property requires to be protected in terms of S.18 and the cost of such protective measures cannot be recouped from the adult.

4.10.24 Banning Orders: Instructions to Legal Services to prepare an application for such an order will include (1) the full name and date of birth of the adult at risk; (2) their place of residence; (3) that an adult at risk is being, or is likely to be, seriously harmed by another person(s); (4) the identity of that other person(s) ; ( whether the order sought is to include any of the provisions of S.19(2) and, if so, for what reason(s); (8) whether a power of arrest is to be sought and for what reason; (9) if the subject is to be banned from a specific area, an up to date and accurate plan of that area; (10) that the adult consents to the making of the order or has been unduly pressurised to refuse consent or that there are no steps that could be taken with the adult’s consent which would protect the adult from the harm that the order would seek to avoid; (11) whether the Sheriff is to be invited to dispense with notice of the application being made to the adult and/or the person(s) who we are attempting to have banned and to deny them the opportunity to address the Sheriff and, if so, the basis for satisfying the Sheriff that this will protect the adult from serious harm or will not prejudice any such person; (12) any views known to the Council, if relevant, of the adult’s nearest relative, any primary carer, guardian or attorney, and any other person having an interest in the adult’s well being or property; (13) that consideration has been given to the importance of the provision of appropriate services, including advocacy, to the adult; and (14) that nobody else is likely to apply for a banning order in respect of the same circumstances and that there are no other current proceedings (under this Act or otherwise) to eject or bar the person(s) concerned from the place concerned.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 35 4.10.25 If a power of arrest is granted, a copy of the banning order, with power of arrest attached, will arrange to be delivered to the \ Chief Constable, Lothian & Borders Police by Legal Services.

4.10.26 Specific considerations for protection orders: n What transport arrangements will be available for the adult should an assessment or removal order be granted? n What is known about the adult’s capacity? If this is impaired they may not be able to engage in the legal process and the Sheriff will need to be made aware of this so that they may consider the appointment of a curator ad litem to represent the adult. It is likely that the Sheriff would require to see medical evidence to support incapacity, e.g. a report from a psychiatrist. n Given the sensitivity of all applications under this Act, the solicitor may be required to request that the Sheriff hears the application in private. n Length of order required. Assessment orders will automatically be granted for 7 days but the others have maximum times, i.e. removal orders (7 days) and banning orders (6 months). n JPs may grant removal orders in urgent cases as covered by S.40 of the Act. Please note that such orders would expire 24 hours after removal as opposed to the maximum of 7 days granted by a Sheriff. n The Sheriff has discretion to use the provisions of the Vulnerable Witnesses (Scotland) Act 2004. The Council Officer should ensure that the solicitor is made aware of reasons why this should be considered so that this may be requested from the Sheriff.

4.10.27 Specific considerations for banning orders: n Who is to be banned? n Is there a specific area from which they should be banned? n Should there be any contact between adult and banned person and, if so, under what supervision arrangements? n Should Powers of Arrest be attached to the order? n Are there to be any other conditions attached to the order? n What is the likely impact of the order on the banned person? They may well have support needs and if they are known to another practitioner that person should be kept informed of the process so that they can consider the accommodation and support needs of the banned person.

SECTION 4 – CASE CONFERENCE (CC) / ADULT SUPPORT AND PROTECTION PLAN AND PROTECTION SUPPORT / ADULT (CC) SECTION 4 – CASE CONFERENCE 4.10.28 Legal Services contact details: 01506 281607

36 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes PROCEDURE

Section 5 – Core Group and Case Conference Review

5.1 The Council Officer is responsible for ensuring that each action noted on the Adult Support and Protection Plan is discussed with those in attendance at the initial Core Group.

5.2 The Council Officer is responsible for updating the discussion from the Core Group in the Core Group update column on the Adult Support and Protection Plan and circulating this to all responsible officers noted on the Adult Support and Protection Plan, even if they do not attend the Core Group.

5.3 The Council Officer is responsible for promptly notifying their Team Manager about the discussion points and monitoring of the Adult Support and Protection Plan at the Core Group to ensure governance.

5.4 The Team Manager is responsible for signing the Core Group update column to demonstrate that they have seen and will monitor it, via their line management responsibilities for the Council Officer.

5.5 The Team Manager is responsible for contacting the Adult Protection Service Support (APSS) to bring forward the date for the scheduled Case Conference Review, if necessary.

5.6 Consideration requires to be given to the need for holding a Case Conference Review; Arrangements for organising REVIEW CONFERENCE CASE / GROUP CORE THE FOR GUIDANCE – 5 SECTION and holding the Case Conference Review.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 37 SECTION 5 – GUIDANCE FOR THE CORE GROUP / CASE CONFERENCE REVIEW

(Each Guidance note refers to a separate procedural step)

5.1 The Council Officer is responsible for ensuring that each action noted on the Adult Support and Protection Plan is discussed with those in attendance at the initial Core Group.

5.1.1 The agenda for the Core Group will be stipulated by the Adult Support and Protection Plan – See Section 6, Form 4.

5.1.2 The Council Officer is responsible for managing the timing of the Core Group meeting to ensure that all identified areas of risk or concern are discussed with the other responsible officers.

5.1.3 The Council Officer is responsible for recording the progress report given by each responsible officer about how they are progressing and implementing the action noted for them on the Adult Support and Action Plan. If a reason is given for why the action has been delayed or not progressed, this should be recorded in the Core Group update column on the Adult Support and Protection Plan. If no explanation is given and the responsible officer for an action is not in attendance, this should be reflected in the Core Group update column.

5.1.4 It is the responsibility of the Council Officer at the end of the first Core Group to set the date, and book a room for the subsequent meeting and to confirm this with the other responsible officers.

SECTION 5 – GUIDANCE FOR THE CORE GROUP / CASE CONFERENCE REVIEW CONFERENCE CASE / GROUP CORE THE FOR GUIDANCE – 5 SECTION 5.1.5 The Council Officer should inform their Team Manager about the outcome from the Core Group meeting especially actions not progressed. This might include one of the following steps: n The Team Manager and Council Officer discuss and review the impact this has on the adult at risk’s Level 3 Risk Assessment and any contingency actions that need to be taken to continue to offer adequate support and protection to the adult at risk. n A Core Group letter is issued by the Council Officer to the manager of the responsible officer to alert them about the actions being progressed and those not – See Section 6, Form 18. n If it becomes apparent that a responsible officer is unable to progress an action on the Adult Support and Protection Plan this needs to be clearly recorded and reported promptly by the Council Officer to their Team Manager for consideration and appropriate follow up.

5.1.6 The Council Officer should discuss with their Team Manager the need to convene an earlier Case Conference Review when: n The Adult Support and Protection Plan is not proving effective and is not being appropriately implemented n Significant changes in the circumstances of the adult at risk n When the Adult at risk’s situation changes from Chronic to Acute n Other.

5.2 The Council Officer is responsible for updating the discussion from the Core Group in the Core Group update column on the Adult Support and Protection Plan and circulating this to all responsible officers noted on the Adult Support and Protection Plan, even if they do not attend the Core Group.

5.2.1 The Council Officer must circulate a copy of the update from the Core Group to those in attendance and those other responsible officers with an action on the Adult Support and Protection Plan and to the APSS, even if not in attendance at the Core Group.

5.2.2 The completion of the Core Group Update column on the Adult Support and Protection Plan records the discussions from the Core Group and this should be circulated by the Council Officer to every responsible officer, to ensure clear lines of communication and monitoring of the Adult Support and Protection Plan.

5.2.3 It is the responsibility of each responsible officer to inform the Council Officer of any amendment to be made to the Core Group update column on the Adult Support and Protection Plan, prior to the convening of the next Core Group. All updates will be ratified at the next Core Group. Amendments will be noted at the start of the next Core Group.

38 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 5.2.4 The update from the Core Group as noted on the Adult Support and Protection Plan can be circulated to the adult at risk unless there is a concern that to send it to them would pose a further risk to them e.g. if any alleged perpetrator/harmer or any other person were to view it. The Core Group has the discretion to agree for the Council Officer to advise the adult at risk, or any other person acting on their behalf, about the discussion points from the Core Group as soon as is practicable. The only time this should not occur is when it is agreed that to do so would cause unnecessary distress or place the adult at risk of further harm or serious harm.

5.2.5 The Council Officer is responsible for filing all Core Group updates in the adult at risk’s – Adult Protection module within their case file and recording this on SWIFT as an Adult Protection case note.

5.2.6 A copy of each Core Group update should be sent electronically to the APSS to enable this document to be stored on Meridio for SCET to access all Adult Protection documentation.

5.3 The Council Officer is responsible for notifying their Team Manager about the discussion points and monitoring of the Adult Support and Protection Plan at the Core Group to ensure governance.

5.3.1 The Council Officer is responsible for notifying their Team Manager about the discussion points and monitoring of the Adult Support and Protection Plan. The Council Officer needs to be specific when recording any outstanding action and the anticipated impact from this action not being progressed.

5.4 The Team Manager is responsible for signing the Core Group update column to demonstrate that they have seen and will monitor it, via their line management responsibilities for the Council Officer.

5.4.1 The Team Manager should countersign the Core Group update record filed in the adult at risk’s module within their REVIEW CONFERENCE CASE / GROUP CORE THE FOR GUIDANCE – 5 SECTION social work case file to evidence that they have read and endorse it.

5.5 The Team Manager is responsible for contacting the Adult Protection Service Support to bring forward the date for the scheduled Case Conference Review, if necessary.

5.5.1 If the Council Officer and Team Manager think it is necessary to bring forward the pre-arranged Case Conference Review date due to new information being revealed which increases the level of risk to the adult at risk and/or jeopardises the Adult Support and Protection Plan, this should be recorded on SWIFT as an ‘Adult Protection’ case note.

5.5.2 The Team Manager must then contact the APSS and request an earlier Case Conference Review.

5.6 Consideration requires to be given to the need to convene a Case Conference Review; Arrangements for organising and holding the Case Conference Review.

5.6.1 The APSS will notify the appropriate Team Manager, Council Officer and Independent Chair 15 working days prior to the date for the Case Conference Review or earlier when required to start the administrative process again for holding the Case Conference Review.

5.6.2 The Case Conference structure as noted in Section 4 – Case Conference and Adult Support and Protection Plan, is repeated for organising and convening the Case Conference Review.

5.6.3 It is the responsibility of the Team Manager and Council Officer to identify who should be invited to the Case Conference Review. The Council Officer should notify the APSS about any new additions or omissions to the previous Case Conference or Case Conference Review invitee list.

5.6.4 When there are concerns regarding the adult at risk’s capacity, consideration should always be made to inviting a Mental Health Officer from the AWI Team.

5.6.5 The Team Manager should identify to the APSS whether the adult at risk should be invited to the Case Conference Review and if invited, if they should be sent a written invitation. Unless there are specific and justifiable reasons why the adult at risk should not be invited, they should be invited.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 39 5.6.6 Where the adult requests or there are substantive grounds to believe that the involvement of the adult at risk’s carer(s) or family members would undermine the process and purpose of the Case Conference Review they should be excluded throughout.

5.6.7 Grounds for exclusion would be: n When they are the alleged perpetrator/harmer(s) n When there is substantive evidence to believe that there is a likelihood of violent or serious disruption to the Case Conference Review process n Unreasonable distress to the adult at risk n Reason to believe that undue pressure may be exerted.

5.6.8 When it is decided that there are grounds to exclude the Adult at risk from the meeting, this may include the exclusion of any advocacy worker representing them.

5.6.9 When it is decided not to invite the adult at risk to the meeting, the reason for this decision should be recorded on SWIFT as a case note under note type ‘Adult Protection’ and be reflected in the Council Officer Report and minute of the meeting. It is important that all decisions taken are clearly recorded and justifiable within case records.

5.6.10 Consideration should always be given by the Team Manager and Council Officer as to whether it is appropriate to inform the family or others about the decision to exclude the adult at risk or others from the Case Conference Review.

5.6.11 The Council Officer should use the Case Conference form, Adult Support and Protection Plan, Level 3 Risk Assessment & Core Group update column to structure and prepare their Case Conference Review report.

SECTION 5 – GUIDANCE FOR THE CORE GROUP / CASE CONFERENCE REVIEW CONFERENCE CASE / GROUP CORE THE FOR GUIDANCE – 5 SECTION All Adult Protection forms are available electronically and can be requested from the Adult Protection Service Support.

40 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes SECTION 6 - THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES

THE ROLE AND REMIT OF THE ADULT PROTECTION SERVICE SUPPORT (APSS)

The Adult Protection Service Support is responsible for all outlined administrative arrangements in support of the Adult, Support and Protection procedures - with Guidance notes.

Notifying Adult Protection Service Support (APSS) about a Case Conference and making an Independent Chair request The Team Manager/ Council Officer is expected to e-mail the Adult Protection Service Support to notify them about the need to hold a case conference. The Team Manager should include the following information to enable the Adult Protection Service Support to circulate this information to the Independent Chairs: n The Responsible Practice Team; n Council Officer’s name; n Team Manager’s name; n Adult at risk’s personal details; Name, DOB, Address & PID No.

The Team Manager in consultation with the Adult Protection Service Support sets the date for the case conference and an Adult Protection Service Support minute taker is appointed. If for any reason the Adult Protection Service Support is unable to minute the meeting, the Team Manager should appoint an alternative minute taker.

The APSS notify the Independent Chairs about the Independent Chair request The Adult Protection Service Support e-mails the details from the Team Manager including the date, time and venue for the case conference to the Independent Chairs to enable them to: n Ensure there is no reason why they should not chair the meeting n Check their availability n Confirm their availability or not by email to the Adult Protection Service Support

Matching a suitable and available Independent Chair to the Case Conference The Adult Protection Service Support notifies and confirms with the Team Manager, Council Officer and Independent Chair who the matched Independent Chair is for the case conference. The other Independent Chairs are copied in to this email for information.

The Council Officer is required to make contact with the matched Independent Chair to brief them about the adult at risk’s circumstances prior to the case conference.

The matched Independent Chair is expected to continue to chair the case when it progresses to case conference review for reasons of consistency.

Requesting an alternative Independent Chair to chair the Case Conference Review It is considered best practice for the same Independent Chair to chair subsequent case conference review meetings. When this is not possible, an alternative Independent Chair request can be made by the Independent Chair to the Adult Protection Service Support. For subsequent case conference reviews, the original Independent Chair would resume their role as the allocated Independent Chair for the case unless it is agreed, in advance, not to do this. The Independent Chair is required to

inform the Adult Protection Service Support about this. TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

The Adult Protection Service Support repeats the procedural steps above to identify and match an alternative Independent Chair.

Identifying and inviting invitees to the Case Conference: The Adult Protection Service Support sends out letters of invitation to the case conference using the following forms:- n See Section 6, Form 7 - for the subject n See Section 6, Form 8 – for the carer(s)/family and Independent advocate n See Section 6, Form 9 – for professionals

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 41 The Adult Protection Service Support encloses the Adult Protection Case Conference Information leaflet with their letter of invitation to the subject and others, as appropriate.

The Adult Protection Service Support places a separate watermark on the case conference and the case conference review minute sent to the adult at risk, carer(s)/family and Independent advocate. This is in order to identify the ownership of any minute should they be found and returned to the Adult Protection Service Support. Observers at the meeting do not receive a copy of the minute.

The Adult Protection Service Support use the case conference Invitation and Attendance pro-forma – See Section 6, Form 6 to track and assist record keeping.

The Adult Protection Service Support copy and table reports submitted by other invited parties to those in attendance at the case conference.

Minute taking at the Case Conference: The Adult Protection Service Support will generally be able to minute the case conference. However, if they are unable to do this the Adult Protection Service Support will notify the responsible Team Manager and request them to appoint an alternative minute taker. The appointed alternative minute taker should consider the case conference minute form and present their minute using this structure – See Section 6, Form 11. This form is available electronically or can be requested from the Adult Protection Service Support.

The Adult Protection Service Support is responsible for making the suggested changes from the Council Officer and Independent Chair and notifying them electronically when the changes have been made to the minute to enable these to be re-read for accuracy. When both the Independent Chair and Council Officer approve the final case conference minute, the Adult Protection Service Support apply each of their electronic signatures to it. This copy of the minute is sent to those who gave apologies, those who did not attend and to anyone else at the discretion of the Independent Chair. The timeframe for the Adult Protection Service Support issuing the final minute is within 15 working days of the case conference

Each recipient of the final case conference minute has the opportunity to make comment upon it - See Section 6, Form 12. Returned comments are added as an addendum on a separate page to the original minute – See Section 6, Form 13. The Adult Protection Service Support issue the addendum sheet to those at the meeting and those who gave their apologies, unless the Independent Chair/ Council Officer requests them not to.

Booking the venue for the first Core Group meeting and informing everyone in writing: The Adult Protection Service Support is responsible for booking the venue for the first Core Group meeting and notifying invitees about this meeting.

Case Conference Review notification: The Adult Protection Service Support is responsible for alerting the Team Manager, Council Officer and Independent Chair 15 working days before the case conference review date, in order to commence the administrative process for setting up and holding the scheduled case conference review. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

42 West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes SWIFT

Casenote Tab on Swift

Significant Event Tick Box

Print Options available when selecting to print from casenote tab

Includes two Significant Events options SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 43 ALERT FOR MULTIPLE ADULT PROTECTION CONTACT/REFERRALS

When searching within Frontdesk on Swift, if there is more than one AP Contact/Referral recorded on the record, this alert message will appear before you go into a service user’s record.

As the message says – the hazard will indicate whether the service user is currently within the AP process or not. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 44 ADULT PROTECTION REFERRALS

An Adult Protection Referral MUST be recorded on Swift Using both Contact & Referral Screens regardless of Status of the Case – i.e. where a case is Allocated or Not Allocated. This is recorded by Receiving Worker and actioned on Swift to the appropriate manager.

‘Adult Protection’ MUST be selected from drop down lists on Reason Field on Contact & Referral Screens.

This is an example of how AP Referral is recorded on Swift using the Contact & Referral Screens.

SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 45 ADULT PROTECTION CONCERNS HAZARD

When receiving worker enters Adult Protection in the Reason field on Contact Screen – an AP Concerns hazard will be automatically created.

Example below shows how it will appear on the Hazard screen. This will show that receiving worker recorded it and Notes field explains it is created automatically.

When this hazard is not applicable – Team Manager is required to end this manually.

(Current practise for all other hazards still responsibility of Team Manager to create, update etc.) SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 46 ADULT PROTECTION MODULE - INVESTIGATION SCREEN

Team Managers record the decision of the Investigation on this screen. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 47 ADULT PROTECTION MODULE - STRATEGY SCREEN

Team Managers record the decision of the ‘Duty to Inquire/E-IRDs’ part of the AP process on this screen. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 48 Insert Practice Team Admin address and contact details

Date

Headed Paper Name Address 1 Address 2 Address 3 Address 4 Postcode

Dear

Name of Subject of Referral: Address: Date of Birth:

This office has received a verbal referral from you in respect of the above individual.

This referral is being dealt with under the Council’s adult support and protection procedures. In order to comply with the Council’s duty to inquire under the Adult Support and Protection (Scotland) Act 2007, written confirmation of your concerns is required. This will ensure that all your concerns are noted and the information we have on file is accurate.

Thank you for your help in this matter. I look forward to hearing from you. If you have any queries please do not hesitate to contact me.

Yours sincerely

Insert Practice Team Admin name SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 49 Adult Protection History/Chronology of Significant Harmful Events

Name of Subject

Date of Birth

PID

· The purpose of the form is to provide an at-a-glance view of concerns over time so that patterns of events/ incidents or concerns can be identified. This will ensure individual incidents are not viewed in isolation from each other.

· Record all suspected (not just proven), reported and witnessed harm as well as risk of harm.

· Record all types of harm – physical, neglect, sexual, financial, psychological etc.

· Describe the event or incident in just a few lines. Identify triggers.

· Update the form for every new event/incident including so called “low level” or less obviously serious concerns about harm.

· Important: Complete a “contact” and “referral” on SWIFT, selecting the heading Adult Protection for all Adult Protection concerns.

Brief details of Agencies/Professionals Recorded by Date of Event Outcome event involved (initial and date) SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 50 Adult Protection Professional Concerns Meeting - Agenda

Meeting held on (date): at

SUBJECT OF MEETING

Name:

Date of Birth:

1. Present.

2. Apologies.

3. Information sharing: Information will be shared in line with the Council’s open access policy and copies of the minutes distributed to those attending the meeting for comment and to those who submitted apologies. Exceptionally, information will be restricted if it could cause serious damage to the person it concerns. Non completion/return of the reply slip which accompanies the minutes of the meeting within 14 days will be taken as agreement to the content of the minute and acceptance of the decisions made at the meeting.

4. Purpose of meeting.

5. Summary of circumstances leading to adult protection professional concerns meeting.

6. Context/patterns of concerns raised – consider reference to the “risk of harm” within the definition of theAdult Support & Protection (Scotland) Act 2007.

7. Other agency involvement/information.

8. Any other relevant information. 9. Assessment of risk – alleged harm/self harm/neglect/exploitation · Has a Basic Risk Assessment Form been completed? · Is an Adult Protection Risk Assessment Form (Level 3) required? · Is on going support required?

· Agree a contingency plan if future risk factors are identified.

10. Action Plan/Adult Support and Protection Plan (if required).

11. Decision whether an Adult Protection Case Conference is required (include explanation of decision).

12. If appropriate, decide who will inform the subjects/carer(s) of any decisions made.

13. Summary of information and decisions by the Chair.

Note: TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

Minutes to be sent only to those invited to attend the Professional Concerns Meeting, to the Adult Protection Service Support and to any others identified at the meeting. Observer(s) do not receive a copy of the minutes.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 51 SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 52 SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 53 Adult Protection Professional Concerns Meeting/Case Conference Report

REPORT BY COUNCIL OFFICER

Subject of Report Address Date of Birth PID Service Area

Was a professional written referral for information requested? YES o NO o If Yes, did the professional complete the returned written referral? YES o NO o Has the subject’s capacity been medically assessed? YES o NO o If ‘YES’ record the outcome of the assessment below:

If ‘NO’ has a request for an assessment of capacity been made? YES o NO o If ‘NO’ does an assessment of capacity require to be made? YES o NO o

1. Current allegations: • List of current allegations and identified concerns/areas of risk • Specify any relationship between the parties involved – i.e. adult at risk of harm and alleged perpetrator/ harmer

2. Background information: • Chronology of significant events • Current living circumstances, including actual or potential transitory arrangements • Family/care involvement • Employment/occupation • Financial/benefits statement • Relevant medical history, including any known mental health statutory episodes • Any care/support arrangements • Previous social work/other agency involvement including previous adult protection concerns • Any other relevant information

3. Actions taken to date to manage adult at risk of harm’s circumstances. Provide explanation if the adult at risk is not invited to the meeting or does not wish to attend the meeting.

4. Attach copy of Adult Protection Risk Assessment (Level 3). Provide explanation if not attached.

5. Evaluation/recommendations including consideration of the Adult Support & Protection (Scotland) Act 2007, the Adults With Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003

Name of Council Officer...... SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Service Area ...... Signature ...... Date ...... Name of Team Manager ...... Service Area ...... Signature ...... Date ......

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 54 Comment Council Officer Tabled Report Attend Did Not Independent Chair Apologies Attended PID INVITATION AND ATTENDANCE PROFORMA ATTENDANCE AND INVITATION Report Agency Submitted Sent Officer Report Council ADULT PROTECTION CASE CONFERENCE / REVIEW ADULT Date of Birth

details) Invitation to: (Name/Title/Agency/ Line (Name/Title/Agency/ Manager’s name and contact SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Name of Subject = YES X = NO = ü Date and Venue of Date and Venue Conference Review Case Conference/Case Key:

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 55 Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF

If you have any enquiries please contact:

Tel. 01506 281848 or 281850 Email: [email protected]

Date Name Address 1 Address 2 Address 3 Address 4 Postcode

Dear [client name]

A decision has been taken to hold an Adult Protection Case Conference/Case Conference Review about your circumstances. The meeting has been called because of concerns that have been brought to our attention. Its purpose is for participants to share information, which will enable the conference to make decisions to safeguard your welfare. The enclosed information leaflet explains this process in detail.

This meeting will be held at [venue] at [time] on [date] and we would like you to attend. If you would like someone to accompany you please contact your social worker to agree arrangements.

As you will have discussed with your social worker, this meeting is being held under the Council’s Adult Support and Protection procedures. Other professionals may also be invited to attend thus bringing together all those who have an interest in your welfare.

Please return the attached reply slip confirming your attendance using the enclosed pre-paid envelope.

Please do not hesitate to contact me if you wish any further information.

Yours sincerely

SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Adult Protection Service Support For Chair

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 56 INVITATION TO CASE CONFERENCE / CASE CONFERENCE REVIEW (Client)

Client’s Name Date of Birth Purpose of Meeting

Date and Time Venue Social Worker

Please select as appropriate:

I am able to attend the above meeting

I am not able to attend the above meeting

Name (please print): ______

Signature: ______

Date: ______

Please return completed form to:

West Lothian Council Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston

EH54 6FF SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 57 Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF

If you have any enquiries please contact:

Tel. 01506 281848 or 281850 Email: [email protected] Date

Name Address 1 Address 2 Address 3 Address 4 Postcode

Dear [Name]

A decision has been taken to hold an Adult Protection Case Conference/Case Conference Review in respect of [client name]. The meeting has been called because of concerns about [client name] that have been brought to our attention. Its purpose is for participants to share information, which will enable the conference to make decisions to safeguard [client name] welfare. The enclosed information leaflet explains this process in detail.

This meeting will be held at [venue] at [time] on [date] and we would like you to attend.

This meeting is being held under the Council’s Adult Support and Protection procedures. Other professionals may also be invited to attend thus bringing together all those who have an interest in [client name] welfare.

Please return the attached reply slip confirming your attendance using the enclosed pre-paid envelope.

Please do not hesitate to contact me if you wish any further information.

Yours sincerely

SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Adult Protection Service Support For Chair

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 58 INVITATION TO CASE CONFERENCE / REVIEW CASE CONFERENCE (Family Member/ Guardian/Advocate)

Client’s Name Date of Birth Purpose of Meeting

Date and Time Venue Social Worker

Please select as appropriate:

I am able to attend the above meeting

I am not able to attend the above meeting

Name (please print): ______

Signature: ______

Designation/relationship with client: ______

Date: ______

Please return completed form to:

West Lothian Council Adult Protection Service Support West Lothian Civic Centre Howden South Road

Livingston TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION EH54 6FF

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 59 Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF

If you have any enquiries please contact:

Tel. 01506 281848 or 281850 Email: [email protected] Date

Name Address 1 Address 2 Address 3 Address 4 Postcode

Dear [Name]

Invitation to attend an Adult Protection Professional Concerns Meeting/Case Conference/Core Group/Case Conference Review

Name of Subject: Date of Birth: Address: Venue: Date and Time:

The above Professional Concerns Meeting/Case Conference/Core Group/ Case Conference Review has been convened under the Council’s duty to make inquiries under Section 4 of the Adult Support and Protection (Scotland) Act 2007. Section 5 of the Act places a duty of co-operation on other bodies. The enclosed information leaflet explains the process involved.

If you are unable to attend, please provide a brief report of your knowledge and involvement with [client name], outlining any concerns you may have in relation to their health, welfare and any identified areas of risk.A pro forma is attached for your convenience.

Please note that West Lothian Council operates a policy of open access of information. Please indicate if any of the information you provide is restricted and cannot therefore be shared with the parties involved.

Please return the attached reply slip confirming your attendance.

SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Yours sincerely

Adult Protection Service Support For Chair

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 60 INVITATION TO PCM/CASE CONFERENCE / CORE GROUP/ CASE CONFERENCE REVIEW (Professional/Interested Party)

Client’s Name Date of Birth Purpose of Meeting

Date and Time Venue Social Worker

Please delete as appropriate*:

I am able / not able* to attend the above meeting in respect of the above named.

We do / do not* have any information in respect of the subject or other named person in relation to this invitation.

I have / have not* attached a written report in respect of the adult or other named person in relation to this invitation.

Name (please print): ______

Signature: ______

Designation: ______

Agency: ______

Date: ______

Please return completed form to:

West Lothian Council Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 61 INVITATION TO CASE CONFERENCE / REVIEW CASE CONFERENCE (Professional/Interested Party)

Name of Subject: Date of Birth: Date of PCM/ Case Conference/Core Group/ Case Conference Review Please give a brief description of your involvement, past and present, with the above client:

Please highlight any concerns and areas of risk relating to the above client and provide any relevant information:

Name (please print): ______

Signature: ______

Agency: ______

Date: ______

Please return to:

West Lothian Council Social Policy Adult Protection Service Support West Lothian Civic Centre SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Howden South Road Livingston EH54 6FF

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 62 Adult Protection Case Conference/ Review - Agenda

Meeting held on (date): at

SUBJECT OF CASE CONFERENCE/ REVIEW

Name:

Date of Birth:

1. Present.

2. Apologies including reason for non attendance of client/carer.

3. Information sharing: Information will be shared in line with the Council’s open access policy and copies of the minutes distributed to those attending the meeting for comment and to those who submitted apologies. Exceptionally, information may be restricted.

4. Restricted Access Information. State reason for restriction as follows: Restricted Access Information is information that cannot be shared freely with the adult at risk or anyone accompanying them to the case conference. It will only be shared with professionals present to enable a complete picture to be considered. Professionals will be asked to justify why information is being classed as Restricted.

Information may only be restricted on the following basis: Sub Judice – Information subject to legal proceedings the sharing of which may compromise those proceedings. A report to the Procurator Fiscal by any agency for the consideration of legal proceedings would class the information concerned as sub judice. Third Party - Information from or about a third party which may identify them if shared; or information about an individual that may not be known to others including those within close family relationships, e.g. medical history, previous convictions, police intelligence reports. Risk – Information that, if shared, may place any individual(s) at risk.

5. Purpose of meeting and consideration of the principles of the Adult Support and Protection (Scotland) Act 2007.

6. Summary of written Council Officer Report including Level 3 RiskAssessment.

7. Summary of other agency reports (both written and verbal).

8. Discussion of information presented.

9. Consideration of intervention under the Adult Support and Protection (Scotland) Act 2007, e.g. assessment, removal, banning or temporary banning order.

10. Summary of Case Conference/Review (and Core Group if relevant) decisions/recommendations and responsible officers. If not present decide who will inform the client/carer/guardian of any decisions made.

11. Adult Support and Protection Plan. TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

12. Contingency Plan.

13. Review date.

Note for chair: Completion of client feedback form following case conference/review where client is present.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 63 Adult Protection Case Conference/ Review - Minute

Meeting held on (date): at

SUBJECT OF CASE CONFERENCE

Name:

Date of Birth:

1. Present.

2. Apologies including reasons for non attendance of client/carer.

3. Information sharing.

4. Restricted Access Information (record fully why the information is being classed as Restricted Access Information).

5. Purpose of meeting and consideration of the principles of the Adult Support and Protection (Scotland) Act 2007.

6. Summary of written Council Officer Report including Level 3 RiskAssessment.

7. Summary of other agency reports.

8. Discussion of information presented.

9. Consideration of intervention under the Adult Support and Protection (Scotland) Act 2007.

10. Summary of decisions/recommendations and responsible officers.

11. Adult Support and Protection Plan including contingency plan.

12. Review date.

13. Signatures.

Chair ...... Council Officer ......

Name: ...... Name: ......

Signature: ...... Signature: ......

...... SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Date: Date:

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 64 ADULT PROTECTION CASE CONFERENCE/ REVIEW

Case Conference/ Review held on: At:

Subject of Case Conference/ Review Name: Date of Birth:

Please find enclosed copy of the minute taken at the above Case Conference/Review.

Please detach and return the slip below. If you do not return this slip within 14 days this will be taken as an agreement with the content of the minute and acceptance of the decisions made at this meeting.

......

Adult Protection Case Conference/ Review held on: [type here] at [type here]

Subject of Case Conference/ Review

Name: [type here]

Date of Birth: [type here]

*Please delete as appropriate

I confirm that I have received the record of the above mentioned meeting and that I agree/disagree * with the comments.

I would/would not * like to make any additional comments or amendments. (Please attach any comments or amendments)

Name (please print): ______

Title (please print): ______

Signature: ______

Please return to: TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 65 ADULT PROTECTION CASE CONFERENCE/ REVIEW

Case Conference/ Review held on: At:

Subject of Case Conference/ Review Name: Date of Birth:

Dear [type here]

[type here] has made the following amendment/comment to the original minute of the above Case Conference/ Review:

Please attach this addendum to the original minute to update your records.

Yours sincerely,

Adult Protection Service Support

Please return to:

West Lothian Council Social Policy Adult Protection Service Support West Lothian Civic Centre Howden South Road Livingston EH54 6FF SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 66 ADULT PROTECTION CASE CONFERENCE REVIEW

COUNCIL OFFICER REPORT

Subject of Report: [type here] Address: Date of Birth: PID: Service Area:

Date 0f Conference Review:

1. Actions taken since Case Conference/last Case Conference Review (include explanation as to why adult at risk is not invited to attend or does not wish to attend and Core Group updates) :

[type here]

2. Details of any new information, allegations, concerns or incidents since the case conference/case conference review and any action taken following these:

[type here]

3. Attach copy of updated Adult Protection Risk assessment (Level 3).

4. Evaluation/recommendations including consideration of the Adult Support and Protection (Scotland) Act 2007, the Adults With Incapacity (Scotland) Act 2000 and the Mental Health Care and Treatment (Scotland) Act 2003.

[type here]

Name of Council Officer: ...... Service Area: ......

Signature: ...... TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Date: ......

Name of Team Manager: ...... Service Area: ...... Signature: ...... Date: ......

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 67 Form 15

Adult Protection Case Conference/Case Conference Review Service User Feedback Form

Guidance for Completing the Feedback Form

1. The form should be completed by the Independent Chair following a Case Conference or Case Conference Review where the service user attends or when absent, a carer/ family member attends on their behalf. However, judgement should be used regarding whether it is appropriate to conduct an interview immediately following the Case Conference.

2. If the Independent Chair takes the decision that it is not appropriate or practicable to conduct an interview immediately following the Case Conference, consideration should be given to an advocacy worker, support worker, or case worker completing the feedback form at the earliest opportunity following the Case Conference or Case Conference Review.

3. It is accepted that it will be necessary for those completing the form to paraphrase and reframe the questions to ensure an appropriate level of understanding from the service user.

4. The form is available both electronically and in hard copy and can be sent in either format.

5. The form will be used to gather a mixture of statistical and qualitative information by the Adult Protection Service and will enhance the Quality Assurance framework being developed for Adult Protection in West Lothian.

6. Completed forms should be sent to the Administrator at the Adult Protection Service, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian, EH54 6FF.

7. If it has not been feasible to complete the form, please indicate the reasons for this in the box below: SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 68 Adult Protection Case Conference/Case Conference Review Service User Feedback Form

Service User’s Name:………………………………………………………………………………………………………………………………………………………………

Date of Case Conference:…………………………………………………………...... …………………………………………………………………………..

We are always trying to improve the service we offer and your views are important to us. We would be very grateful if you or somebody supporting you would take some time to complete this short questionnaire on your experiences of an Adult Protection Case Conference or Adult Protection Case Conference Review.

Yes No Don’t Know

1. Service Accessibility a. Was the meeting held in the right place?

2. Information a. Was the purpose of the meeting explained to you beforehand?

b. Was the meeting what you expected?

c. Did you understand what was happening at the Case Conference?

d. Were all the people who should have been at the meeting there?

3. Staff Attitude a. Did you feel listened to?

b. Did you feel respected?

4. Professionalism a. Were you treated fairly in the meeting?

b. Do you think the meeting will change things for you? SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

c. Do you think the meeting will make things better for you?

5. Quality of customer service a. Are you happy with the overall quality of customer service with regards to the Adult Protection Case Conference process?

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 69 If you ticked No for any of the above, can you please say why (please use overleaf too if required)

Is there anything else we can do to help you or improve our service or would you like to add any comments (please use overleaf too if required)?

Thank you for taking the time to complete this questionnaire. All replies will be treated confidentially and with respect.

Signature of Interviewee (optional):…………………………………………...……………………………………………………………………………………………….

Designation

(state whether service user, carer, advocate or other):…………………………………………………………………………...... ……………………………….

Date:……………………………………………………………………………………………………………………………………………………………………………………………

Signature of Interviewer:……………………………………...……………………...... ………………………………………………………………………………….. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Designation (state whether Independent Chair, allocated caseworker, or other):…………………………………………………......

Date:………………………………………………………………………………………………………………………………………………………………………………………………

Please return to: Adult Protection Support Service, Social Policy, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian, EH54 6FF.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 70 Adult Protection Services

APPLICATION FOR A PROTECTION ORDER

SUBJECT OF APPLICATION

Name: Date of Birth:

COUNCIL OFFICER MAKING APPLICATION

Name: Designation:

ORDERS TO BE APPLIED FOR (please tick):

Assessment Order o Banning Order o

Removal order o Temporary Banning Order o

REPORTS ATTACHED (as appropriate)

Social Work Report for Case Conference/Case Conference Review o Minute of Case Conference/Case Conference Review o Medical Report(s) o Financial Report o Risk Assessment o Adult Support and Protection Plan o CARENAP Assessment o Other o

POINTS TO HIGHLIGHT (See Section 4 – Guidance on the Case Conference/ Adult Support and Protection Plan – 9). The Council Officer is responsible for completing a Protection OrderApplication form when applying for an order:

ANY UPDATED INFORMATION/OTHER REPORTS ATTACHED: SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

Signature of Council Officer ______Date: ______

Signature of Team Manager _­______Date: ______

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 71

[Print on WLC headed paper]

[Insert Date]

Dear Sir/Madam [insert name if known]

Adult Support and Protection (Scotland) Act 2007

Adult at Risk: [insert name, address and DOB]

The above named has been identified as an Adult at Risk in relation to Section 3 of the Adult Support and Protection (Scotland) Act 2007.

West Lothian Council has a duty under Section 4 of The 2007 Act to make inquiries about a person’s wellbeing, property or financial affairs where it knows or believes that the person is an adult at risk of harm, and that it might need to intervene in order to protect the person’s wellbeing, property or financial affairs.

Section 10 of The 2007 Act states that a Council Officer may require any person holding health, financial or other records relating to the adult at risk to give records, or copies of them, to the Council Officer.

West Lothian Council is currently investigating concerns related to the above named Adult and, as Council Officer, I am writing to formally request the following [delete as appropriate] medical/ financial information: [delete as appropriate or add further requests if required]

1. Whether the above named adult holds a bank or building society account(s) with your bank or building society. 2. If so, whether any other persons are signatories to the account(s) and who these people are. 3. Please provide copy statements in relation to any accounts held by the above named adult (either jointly or solely) for the last 12 months. 4. Any other information regarding this or any other account held by your bank or building society in the name of the above named adult.

Any information received in the course of the investigation will not be disclosed to any third parties other than in accordance with the provisions of The 2007 Act.

Section (1) and Part (d) of the General Note at Section 35 of the Data Protection Act 1998, concerning disclosures required by law or made in connection with legal proceedings, states that personal data are exempt from non- disclosure provisions where it is required under enactment or to protect legal rights. The Adult Support and Protection (Scotland) Act 2007 supports information sharing without consent when it is necessary to protectadults at risk.

Due to the nature of the Adult Protection Investigation, it would be most helpful if I could have your reply within 7 days. In the meantime, if you wish to discuss the matter, please do not hesitate to contact me. Thanks for your assistance. SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION Yours sincerely

[insert name]

Council Officer West Lothian Council

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 72 Letter from Core Group to Responsible Officer

[Print on WLC headed paper]

[Insert Date]

Dear Sir/ Madam [insert Managers name if known]

Adult Support and Protection (Scotland) Act 2007

RE Core Group held on behalf of Adult at Risk: [insert client’s name, address and DOB]

The Adult Support and Protection (Scotland) Act 2007 places duties on the council as the lead agency, and other agencies to assist and co-operate with the council to enable it to make inquiries and undertake an investigation about an ‘adult at risk’ of ‘harm’.

Your agency is currently assisting West Lothian Council to monitor, assess and manage the circumstances of an ‘adult at risk’ of ‘harm’ under West Lothian Council’s Adult Support and Protection Procedures. Four meetings can be held as part of the Adult Protection process; a Professional Concerns Meeting; Case Conference; Case Conference Review and a Core Group.

(Insert Responsible Officer’s full name), is noted as a Responsible Officer on the Adult Support and Protection Plan agreed at the Case Conference/ Case Conference Review (Delete as appropriate) held on (Insert date). At this meeting, (Insert worker’s forename) agreed to attend and participate in a Core Group to monitor the Adult Support and Protection Plan and to provide regular updates on the ‘adult at risk’s’ circumstances.

Can you please provide an update on your agency’s existing involvement with the Adult at Risk (Insert client’s name) and confirm if (insert worker’s forename) or another member of your staff will be in attendance at the next Core Group meeting on (insert date, time and venue).

Yours Sincerely,

(Insert Practice Team Manager’s name)

CC – Adult Protection Service Support, West Lothian Civic Centre, Howden South Road, Livingston, EH54 6FF SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

Form 18 –Core Group to Responsible Officer Letter

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 73 ADULT SUPPORT AND PROTECTION

Local Authority application for disclosure of information under the Adult Support and Protection (Scotland) Act 2007

Overview

DWP’s policy for disclosure of personal information for “vulnerable adults” is that as long as a requester can provide sufficient informative detail as to the indicators of the person’s vulnerability and risk to DWP we can disclose factual and relevant information in order to ensure the safety of the person. Applications must be dealt with on a case-by-case basis and when necessary seek disclosure advice and guidance.

In Scotland, the Adult Support and Protection (ASP) (Scotland) Act 2007 Act gives councils and other public bodies working with them various powers to support and protect adults at risk (as defined by the Act).

For the purposes of the Act, an adult at risk is someone who is: • unable to safeguard their own well-being, property, rights or other interests; • is at risk of harm; and • because they are affected by disability, mental disorder, illness of physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

Section 10 of the Act requires any person holding health, financial or other records relating to a particular individual to give the records, or copies of them, to a council officer. Information requested under section 10 of the Act is used to allow the council to decide whether the individual is an adult at risk of harm and whether it needs to do anything to protect them from harm. An adult protection investigation may also lead to criminal action, depending on what the information reveals. Under section 49(2) of the Act it is an offence to fail to comply with a requirement made under section 10, without reasonable excuse.

While the ASP Act is not recognised as an enactment by the Social Security Administration Act 1992, it is a key tool for safeguarding adults at risk in Scotland. Co-operation between organisations which hold information about people who may be adults at risk is central to the ethos of the Act, and is necessary to ensure that steps can be taken to support and protect adults from harm.

DWP is able to share data on a case-by-case basis when disclosure is deemed to be in the public interest. Such information requested under section 10 of the ASP Act will be used only for the purpose of establishing whether the individual is an adult at risk of harm and determining whether the council needs to take action to protect the adult.

Request for information under section 10 of the ASP Act

I would like to request disclosure of information under section 10 of the Adult Support and Protection (Scotland) Act 2007 as follows:

Name of person

National Insurance Number * and/or Date of Birth & Address (* National Insurance Number preferred identifier)

Brief reason why the information is requested and the use that will be made of it

SECTION 6 – THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SUPPORT’S SERVICE REMIT & RESPONSIBILITIES, ROLE PROTECTION THE ADULT – 6 SECTION

Information that is requested Requestor’s name, position, organisation, address and telephone number.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 74 SECTION 7 – DOCUMENTS

These documents can be viewed or downloaded online at the following addresses: SECTION 7 – DOCUMENTS • ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 http://www.legislation.gov.uk/asp/2007/10/contents

• ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 CODE OF PRACTICE GUIDANCE http://www.scotland.gov.uk/Resource/Doc/259161/0076850.pdf

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 75 SECTION 8 – CHAIRING CASE CONFERENCES (INCLUDING DECISION-MAKING)

Excerpt from Chairing Case Conferences Training delivered by Campbell Consultants

SKILLS OF AN ADULT PROTECTION CHAIR

What are the skills needed by an effective Chair? (INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES

West Lothian Council Social Policy / Community Health and Care Partnership

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 76 CHALLENGING – POSITIVE OR NEGATIVE?

SOFT On the Person

HARD On the Point

Hard on the point • Do not avoid asking difficult questions • If the person does not answer your point, ask the question again

• ‘Funnel’ your questioning until you have the information you need DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES • Bring others into the discussion to get their opinion about what has been said.

Challenge, either from the Chair or another person, is positive and promotes robust decision-making and risk assessment.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 77 THE QUESTIONING FUNNEL (INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 78 DECISION MAKING

The rational choice method

• Agree the objective to be achieved • Gather all the relevant facts • Check there is no more relevant information • Generate the options available • Discuss the advantages/disadvantages of each option in achieving the objective • Select the best option • Consider whether implementation of this option will generate additional risks/advantages • Agree how the best option should be implemented: what tasks/service, by whom and by when?

The precedent method

• How has a similar situation been successfully handled in the past? • What adjustments to this method need to be made to achieve the required objective?

BEWARE OF SOME PARTICIPANTS HAVING UNDUE INFLUENCE ON THE DECISION BECAUSE OF THEIR APPARENT OR PERSONALITY. THE CHAIR SHOULD MAKE SURE THAT ALL

PROFESSIONALS HAVE THE OPPORTUNITY TO CONTRIBUTE, ESPECIALLY AT KEY DECISION DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES POINTS. THIS MIGHT REQUIRE THE CHAIR TO ACTIVELY INVITE A CONTRIBUTION FROM QUIETER OR LESS CONFIDENT PARTICIPANTS.

Consensus / unanimous decision

The Chair should always seek a consensus decision. To help achieve this the Chair should: • Be aware of the implications of collective responsibility • Identify and summarise similarities in the different opinions • Re-word the phrasing of the opinion, if possible, to find common ground • Where census cannot be achieved, ask the participant(s) in the minority if, having noted their disagreement with the majority, there are prepared to support the majority view. • Ensure that those participants whose views do not prevail do not become dislocated from the rest of the group. West Lothian Council Social Policy / Community Health and Care Partnership.

Dealing with conflict during decision-making

• Where consensus cannot be achieved, ask the minority opinion participants what actions/tasks/other changes could be added to the majority opinion to make it more acceptable to them • If there is still a difference of opinion, ask the majority participants if they are prepared to ACCEPT rather than AGREE WITH the majority opinion • Sometimes differences of opinion can only be noted rather than resolved • If there is sufficient differences of opinion on an important issue, which cannot be resolved despite your best efforts, consider calling for a short (5-10 minute) adjournment.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 79 Summary of decisions and recommendations

The Chair should continue to summarise after each significant contribution and at key points in the risk assessment and decision-making process.

IF SOME OF THE INFORMATION GIVEN BY PROFESSIONALS IS RESTRICTED, BE SURE NOT TO INCLUDE THIS IS YOUR SUMMARY

Using SMART language in the Adult Support and Protection Plan

A KEY RESPONSIBILITY OF THE CHAIR IS TO MAKE SURE THAT DECISIONS ARE WORDED USING SPECIFIC AND OBJECTIVE TERMS

For example, rather than agree that:

‘There should be a high level of monitoring by Social work and health professionals

(INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES This would be converted into:

‘The health visitor will visit the family every second day, including Saturdays, the Case Worker will visit at least once each week; the GP will examine the Adult at Risk at least every 2 weeks.

This is especially important for high risk factors.

The Chair should them summarise the key points of the Adult Support and Protection Plan.

Contingency Planning

The Chair leads a discussion to agree a Contingency Plan should the Adult Support and Protection Plan fail. This should state what action is to be taken and by whom.

Date of case conference review meeting

THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT This should be held no longer than 6 months of the date of the Case Conference when a Core Group is convened or 3 months without a Core Group. If information is missing, or there are uncertainties about any aspect of risk, anyone who was involved in the Case Conference can request an earlier Case Conference Review date.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 80 MINUTING CASE CONFERENCES EXCERPT FROM CHAIRING CASE CONFERENCES TRAINING DELIVERED BY CAMPBELL CONSULTANTS

SKILLS OF AN EFFECTIVE MINUTE TAKER

Skills that such a minute-taken should ideally possess include: • Minute-taking training and experience An experienced minute-taker is much better placed to cope with the additional skills required by a Case Conference than a staff member who has never taken minutes. The effective minute-taker will know the importance of summarising complex information and highlighting key points, taking their cue from the Chair’s summaries.

• Knowledge of the purpose, format and tasks to be completed during the Case Conference, together with knowledge of the roles played by the attendees The Chair or the minute-taker’s line manager should fully brief the minute-taker. It is helpful for a novice Case Conference minute-taker to shadow a more experienced colleague. The minute-taker must also know the format of the Minute document and the information to be included under each heading, and be able to write in a clear, concise and unambiguous manner.

• Organisation skills and the ability to deal with detail DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES The minute-taker can be involved in sending out invitations and checking replies received. He/she can also carry out much of the initial preparation such as booking the meeting room and circulating any background papers or other information.

• Working to tight deadlines The minute-taker must write up the draft Minutes within a few days of the meeting for checking by the Chair. They should be finalised, signed and circulated within 15 working days.

• Ability to maintain a high level of confidentiality of written and spoken information. The minute-taker should know and demonstrate the confidentiality rules without exception even when under pressure.

• Coping skills in written and spoken information which may be distressing. The minute-taker must be able to maintain a professional approach even when working with distressing circumstances. His/her line manager should agree a support plan with the minute-taker.

• Assertiveness skills The minute-taker may need to be assertive in working with some professionals and others.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 81 MANAGING TIME

• Time-keeping is critical to a successful Case Conference • The meeting should start on time • The Chair should inform all those present of the likely time the meeting will last • The Chair should have made a time plan • Participants should be encouraged to give information in a concise way • The Chair should intervene if a discussion becomes side-tracked/long winded • The Chair, or any person attending, can request an adjournment • The Chair should summarise all key contributions • The Chair should also give short summaries of what has been completed/ agreed and what remains to be done/ decided.

ORGANISING NOTES

Avoid trying to do too many things at once when writing up your notes. Instead, use a step by step approach.

(INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES 1. Use the minute structure to organise your notes 2. Use the same format throughout e.g. bold for headings, numbered paragraphs etc, 3. Where the structure is very broad, organise your notes into different topics, using mind maps (see next page) or another method 4. Write up your notes, summarising where required 5. Check for ABC: are they Accurate, Brief and Clear? 6. Check presentation 7. If you have time, polish your writing 8. Checking spelling, grammar and punctuation.

THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 82 WRITING MINUTES: MIND MAPS

Mind maps are a useful method of organising your notes before writing them up.

Venue of annual conference JM opened by saying Assembly RMs good – acoustics exc. George Hotel also good venue But probs* with coffee brks – coffee from vending machine. poor qual *AT Ass RF stated that seating can be uncomfortable. (At Ass RMS) RMs Suggestion that contractor be brt in to prov. Coffee/tea/biscuits. CD that coffee imp for those travelling a distance RF that seating (comfortable) part. Imp. For older people George Hotel good seating – but expensive JM that George Hotel outwith budget RF that ARms good apart seating and coffee *Prop. That use Ass. RMs (by JC) Sec. A. Branson * but bring in contractor

Unan agreed. DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES

+ JM – good venue Solutions RF – good seating * Contractor + JM – good To prov. Coffee/tea/bisc? RF – good apart from seating/coffee

George Hotel Venue of Ann. Conf Assembly Rooms

JM – outwith budget JM – vending machine coffee poor Uncomfortable RF – Seating uncomfortable but otherwise Dist. CD – coffee imp when trav.

Proposal: JC to use Ass Rooms but bring in contractor for tea/coffee/biscuits Seconded: A Branson Unan Agrd.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 83 SUMMARISING

Once you have completed your notes, you will need to write them up in their final format. This often means that your notes must be summarised to describe the discussion that took place. Rewrite the following, summarising whenever possible. 1. Residential and Nursing Homes Placement Panel Mrs Graham has been in Hawick Community Hospital for 3 months suffering from leg ulcers and poor appetite. She has now improved considerably although there is still an occasional problem with appetite. She also has mild dementia which causes her to wander at times although this has not been a factor recently because her leg ulcer restricts her movement. She is receiving nursing and physio care together with some occupational therapy. She now wishes to be placed in a Nursing Home in East Lothian where her immediate family, including a daughter and son-in-law and a step-son, now live. In fact, Mrs Graham is closer to her step-son than her daughter and the step- son has visited regularly. The daughter works for a law firm and is very involved in her career and does not appear to have much time for her mother. The preferred home is Law View Lodge although places here are very scarce. The family are willing to pay towards fees at Law View. However, if places are not available here, Tor nursing Home may have to be accepted. The Panel accepted that a Nursing Home placement is the best choice although it was unclear whether ELC have a contract with both Belgrave Lodge and Tor. Mrs Graham will be ready for transfer in about two weeks. Chair to check this and report back to the next meeting. (INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES 2. Money, Benefits and Housing Advice Forum Maureen Brown, Welfare Benefits Manager, ELC, said that, following information that there was a lack of awareness about benefits, Working Families Tax Credit information had gone into all staff’s pay slips last month. In addition, she had worked hard to get stuff in the local press. She had issued a press release and this was fully written up in the East Lothian Press with a quarter page feature and an interview with her, although the photo used was not good. However, the East Lothian Reporter had inserted only a few lines and some of the information given was incorrect which had caused untold problems with people phoning, thinking they were eligible when they were not. The phone had been red hot during this time and the staff were exhausted and upset because some callers had become abusive when they found out they were not eligible. She would have liked to have written a stiff letter to the editor but on balance thought this was not a good idea as it would cause friction and loss of a good relationship with the paper which usually was pretty good. Catherine Smith from the CAB said they’d had no more enquiries than usual about this although she’d carried out a leafleting campaign at the local school and also informed mothers at a local antenatal clinic. She suggested that a small pack to be put together with all the

THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT relevant info and left at doctor’s and dentist’s surgeries as they were usually supportive and helpful. Agreed this would be carried out and monitored.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 84 APPROPRIATE GRAMMAR AND LANGUAGE

Always bear in mind that the purpose of writing minutes is to communicate with the readers – not to impress them with long words and complex sentence structure. Therefore as you write the Minutes, think of the needs of the readers. Remember that you are aiming for: A Accuracy B Brevity C Clarity

Accuracy Make sure you report exactly what was said during the meeting – not what you think someone meant to say, or what you would have said. Be aware also not to use words where you are unsure of their meaning. Instead, select straightforward, “plain English” words.

Brevity Brevity means brief – using short words and sentences. This helps people understand what you’re writing, especially when they only have time to read it quickly.

Clarity (INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES Clarity is writing what you mean without people having to make assumptions of guesses and without ambiguity. This is perhaps the most difficult of the ABC requirements.

POLISHING AND CHECKING THE MINUTES

Beware of ambiguity when writing past tense reported speech. For instance: Bill Henderson reminded Alan Dickson, the CPN, that he had suggested encouraging Kate’s parents to attend Family Counselling Sessions.

A clearer vision would be: Bill Henderson reminded Alan Dickson, the CPN, that Mr Dickson had suggested encouraging Kate’s parents to attend Family Counselling Sessions.

Or, if John Thomason, when discussing why the family had not been told about Carer’s Allowances, said, “Okay, I suppose it’s down to me. I just didn’t get round to mentioning that in the conversations I had with them. I met them a couple of times but we never seemed to get round to it.”

This was reported as: John Thomson said he admitted not informing the family about Carer’s Allowances in his two meetings with them, giving the reason as lack of time.

A more polished and formal version would be: John Thomson admitted he was responsible for not informing the family about Carer’s Allowances. Despite meeting them on two occasions, he had not found the time to discuss this.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 85 MINUTES CHECKLIST

MINUTES SHOULD BE:

Selective • An accurate summary of the discussion, including all the important points but omitting needless detail.

Systematic • Logically structured and making use of headings, sub-headings, numbered or bulleted lists.

Summative • Show the decisions made and action to be taken.

In addition, they should be:

A – Accurate Accepted by those present to be a correct record B – Brief Concise but self-explanatory C – Clear Unambiguous and easily understandable (INCLUDING DECISION-MAKING) (INCLUDING SECTION 8 - CHAIRING CASE CONFERENCES THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 86 SECTION 9 – INVESTIGATIONS IN REGISTERED CARE SETTINGS SECTION 9 - INVESTIGATIONS IN REGISTERED CARE SETTINGS SECTION 9 - INVESTIGATIONS

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 87 SECTION 10 – CROSS SERVICE PROTOCOLS FOR ALL SERVICE AREAS; INFORMATION SHARING 10 - CROSS SERVICE PROTOCOLS FOR ALL SERVICE AREAS; INFORMATION SHARING INFORMATION AREAS; FOR ALL SERVICE PROTOCOLS SERVICE SECTION 10 - CROSS THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 88 SECTION 11 – FINANCIAL SAFEGUARDING INCLUDING OPERATION OF FUNDS PANEL SECTION 11 - FINANCIAL SAFEGUARDING INCLUDING OPERATION OF FUNDS PANEL OPERATION INCLUDING SECTION 11 - FINANCIAL SAFEGUARDING

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 89 SECTION 12 – SYNOPSIS OF CONTENTS

This section contains the following two sections:

West Lothian Adult Protection Committee Multi-agency Protocols, Single Agency Procedures, and Multi- agency Guidance Notes comprising the following subsections:

F Division Standard Operating Procedure – Dealing with Deliberate Self Harm and Suicide Attempts SECTION 12 - SYNOPSIS OF CONTENTS This is a Police-only procedure (known as a Standard Operating Procedure) that sets out a procedure for Police Officers who are asked to assist with people who are either self-harming or attempting suicide. This Protocol – whilst stand alone – was completed by the Police in consultation with both the NHS Lothian and the Local Authority.

Adult Referrals from Lothian and Borders Police Policy and Procedure This policy and procedure applies to Police referrals to statutory agencies for adults in West Lothian. It is intended to promote consistency between all partner agencies in recording, monitoring and acting on concerns regarding adults. Previously “Adult Referrals” sent by the Police to the Local Authority were known as “JLOs”. A prescribed form for “Adult Referrals” is in operation.

Electronic Interagency Referral Discussion (E-IRDs) Guidance Note This guidance note applies to those undertaking E-IRDs within the Police, Local Authority, and the NHS. It is intended to outline what steps should be taken and why.

Whilst each of these is a stand alone document, together they formulate a West Lothian Adult Protection Committee Multi- agency Protocols, Single Agency Procedures, and Multi-agency Guidance Notes document.

West Lothian Adult Protection Committee Case Review Framework comprising the following sub-sections:

Critical Review Team Protocol This is a protocol outlining the work of a Critical Review Team. A Critical Review Team is a multi-agency group of people of sufficient seniority who meet “as and when” required to offer direction and guidance in complex cases (aged 15+) where further direction and decision-making is required so that agreement on the best way to proceed can be reached.

Protocol and Guidance for Conducting a Large Scale Investigation in West Lothian This protocol and guidance sets out what to do with regards to a Large Scale Investigation. When the Interagency Referral Discussion (IRD) establishes that concerns have been raised about more than one adult at risk of harm or establishes that there are circumstances where there may be more than one adult at risk of harm, consideration should be given to following the Protocol and Guidance for Conducting a Large Scale Investigation in West Lothian. The adult(s) at risk may be in receipt of residential care, day care, home-based care, or hospital-based care from a Local Authority, registered provider, or the NHS (including a hospital ward) (ie. all adults at risk of harm, as defined by The Adult Support and Protection (Scotland) Act 2007, in THE ADULT PROTECTION SERVICE SUPPORT’S ROLE REMIT & RESPONSIBILITIES, SWIFT SCREENSHOTS AND ADULT PROTECTION TEMPLATES PROTECTION ADULT AND SWIFT SCREENSHOTS SERVICE SUPPORT’S PROTECTION ROLE REMIT & RESPONSIBILITIES, THE ADULT care settings within West Lothian).

Protocol and Guidance for Conducting a Significant Case Review in West Lothian This Protocol and Guidance sets out what to do with regards to a Significant Case Review. The purpose of a Significant Case Review is to examine the role of all the agencies involved in providing care, welfare and protection services in a specific case; to identify the key issues and challenges and establish whether there are any lessons to be learned or good practice to be shared about the way in which agencies work individually and collectively to support and protect adults at risk of harm.

Whilst each of these is a stand alone document, together they formulate a West Lothian Adult Protection Committee Case Review Framework.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 90 NHS Lothian

West Lothian Adult Protection Committee SECTION 12 - SYNOPSIS OF CONTENTS

Adult Protection Committee Multi-agency Protocols, Single Agency Procedures, and Multi-agency Guidance Notes:

• F Division Standard Operating Procedure – Dealing with Deliberate Self Harm and Suicide Attempts

• Adult Referrals from Lothian and Borders Police Policy and Procedure

• Electronic Interagency Referral Discussion (E-IRDs) Guidance Note

June 2012

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 91 F Division Standing Operating Procedure

LOTHIAN AND BORDERS POLICE DIVISIONAL HEADQUARTERS ‘F’ WEST LOTHIAN CIVIC CENTRE Division HOWDEN SOUTH LIVINGSTON EH54 6FF

Version 7.1 – 3rd November 2011 – PS Tidy SECTION 12 - SYNOPSIS OF CONTENTS

Dealing with Deliberate Self Harm incidents/Suicide attempts

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 92 Index

Section 1 Introduction

Section 2 Initial Action

Section 3 Police arrival at locus (Private Place)

Section 4 Police arrival at locus (Public Place) SECTION 12 - SYNOPSIS OF CONTENTS Section 5 Arrival at Station

Section 6 Action at Hospital

Section 7 Other actions/Care Plan

Section 8 Police statutory obligations under section 297 Mental Health Care and Treatment (Scotland) Act 2003

Appendix A Contact number for Social work department daytime and out of hours.

Appendix B Glossary

Appendix C The Adult Support and Protection (Scotland) Act 2007

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 93 Section 1 - Introduction

1.1 The Crown Office and Procurator Fiscal Service (COPFS) have instructed that a person attempting or threatening suicide is no longer to be reported as a custody case, except in the exceptional circumstance where they have endangered someone’s life in the process. This decision has meant that the police will have to find alternative methods to deal effectively with those situations involving a Deliberate Self Harmer DSH)/Suicidal person.

1.2 The overarching responsibility and duty of the police service will always be “The preservation of Life”. A person in this situation is in crisis and their personal well-being and safety is paramount. The key to success in this critical area will be working together with our partners in Health and Social Work.

1.3 Each report of a DSH incident will be driven by its own unique circumstances with a risk assessment carried out on every occasion. It should be noted here that a person who attempts to self harm rather than try to commit suicide should be treated just as seriously.

The Duty Inspector will have ultimate responsibility for making the decisions as to what actions are required and who should carry them out.

1.4 The Duty Inspector will liase closely with our partners in Social Work and Health instigating the Adult E-IRD process and ensuring suitable risk management arrangements, for each person held in custody, are in place prior to release. When dealing with partner agencies it should be noted by duty inspectors that under the Adult Support and Protection (Scotland) Act 2007 the Local Authority have a duty to inquire into adults at risk. The “definition of “Adult at risk categories” is that the DSH is 16 years of age or over and meets all of the following criteria.

(a) Unable to safeguard his or her own well-being, property, rights or other Interests b) At risk of harm (including self harm) c) Because they are affected by disability, mental disorder, illness or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.)

Section 2 - Initial Action

2.1 When the police are informed of a Deliberate Self Harm incident where a person has attempted or threatened suicide. The FCC/DOSU will be requested to carry out a full background history check on the address and the person involved including. • Vantage check • PNC/CHS • DOSU records for repeat DSH • INFO and E-care systems.

2.2 The duty Sergeant and Inspector must be informed on all occasions.

2.3 Officers attending at the scene, after being made aware of any previous incidents involving the subject, will make a dynamic risk assessment of the threat of self-harm the Subject poses to themselves.

2.4 The Duty Inspector will be responsible for carrying out checks with other agencies i.e. Social Work and Health. To ensure past intervention or involvement with the subject is accurately identified. This will take the form of an Adult IRD, which will take into account the “definition of “adult at risk categories” when a person is brought into police custody. The duty Inspector will consider all other circumstances and decide whether an IRD is appropriate. Between the hours of 9am – 5pm the responsibility of completing an IRD will fall to the PPU.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 94 Section 3 - Police arrival at locus (Private Place)

3.1 Statements must be noted from informants or any other relevant persons present at the initial scene.

3.2 If the DSH is in a private house and entry is blocked, the police officers that attend will consult with the duty Inspector and force entry under common law powers to ‘preserve life’. Officers should however carry out a risk assessment to decide if this is the most appropriate course of action as officer’s safety and that of the DSH is paramount.

The situation may require officers to adopt a strategy of contain and negotiate and require the attendance of trained negotiators. This will depend on the circumstances encountered. A full consultation with the duty inspector should be carried out prior to any decision to force entry.

3.3 When entry is gained and DSH is suffering from injury, or is alleged to have consumed tablets then an ambulance should be summoned.

3.4 Family members should be contacted and if available should be requested to go with DSH to St. John’s Hospital for assessment.

3.5 Police officers should escort the ambulance to St. John’s Hospital and remain with DSH until a full assessment is completed. Officers will not allow ambulance crew to convey the DSH to hospital without a police escort being in place at hospital reception. This is due to incidents of DSH subjects being booked into Accident and Emergency and failing to remain at the hospital for treatment. This will negate the incident developing into a Med/High risk missing person enquiry.

3.6 If the DSH is not injured and refuses to go with police for psychiatric assessment a GP or other relevant medical practitioner should be contacted with a view to being psychiatrically assessed. Consequently, a Mental Health Officer (MHO) may also be required should recourse to the Mental Health (Care and Treatment) (Scotland) 2003 be deemed appropriate.

3.7 If the DSH is injured and refuses to go with ambulance or police to have their injuries treated, the police should consider detaining the DSH under Sect 14 Criminal Procedures (Scotland) Act 1995 for a Breach of the Peace, to facilitate obtaining medical treatment for them. In these instances it is anticipated that by the time they are conveyed to the hospital the grounds for their detention would no longer exist and officers should record that they are no longer detained. These types of scenarios are expected to be rare occurrences.

If the DSH is admitted by the hospital or sectioned under the Mental Health Care and Treatment (Scotland) Act 2003 the police involvement would end. If this is not the case and the person is treated but not deemed fit to be psychiatrically assessed due to alcohol or drug usage then the DSH should be detained under terms of Section 297 of the Mental Health Care and Treatment (Scotland) Act 2003. (It should be noted that Detention under S.297 does not require the involvement of a medical practitioner or a Mental Health Officer). Officers should obtain a statement from the A+E doctor that the DSH is fit for custody. They should then be conveyed to the police station until a psychiatric assessment can be arranged when they are sober.

Section 4 - Police arrival at locus (Public Place)

4.1 If a DSH is found in a public place and is suffering from injuries, then as above, an ambulance should be contacted. Officers will attend at hospital and remain with DSH whilst examination takes place.

The psychiatric staff at St John’s will attempt to make a mental health assessment of the person (if unimpaired by substance) as soon as reasonably practicable in these circumstances, although any treatment for medical injury will have primacy.

Once the DSH subject’s injuries have been treated and they are confirmed to be under the influence of alcohol or drugs, the attending Doctor should provide a statement informing that the subject is deemed fit for custody. Detention under terms of Section 297 of the Mental Health Care and Treatment (Scotland) Act 2003 will commence at this time.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 95 The DSH should be taken to Livingston police station and ‘booked in’ as a transit. They should be placed in a life- monitoring cell with 15-minute observations carried out. The DSH should also be placed in a suicide prevention suit due to the high risk.

The DSH will be returned to St John’s hospital for psychiatric assessment when sober by prior arrangement under terms of the fast track appointment protocol.

4.2 If there is no injury present and the DSH has attempted self-harm or threatened suicide, then they should be detained under Section 297 of the Mental Health Care and Treatment (Scotland) Act 2003.

If the DSH is not under the influence of alcohol or drugs, then the duty Sergeant under the authority of the duty Inspector should be contacted to make an appointment with the duty SHO at OPD 5 St John’s hospital (As per emergency contact protocol).

If there is a delay in the psychiatric assessment taking place then the Subject should be conveyed to Livingston Custody Suite and booked in as a transit. The duty Sergeant will thereafter confirm a fixed appointment time with the SHO at St John’s hospital.

The Duty Inspector will consider carrying out an Adult IRD in these circumstances.

4.3 A ll partner agencies have agreed formally that if alcohol/drugs are present then the DSH should be brought to Livingston Police Station in the first instance, as no proper psychiatric assessment can be carried out at this time. Health and Social Work have agreed for the purposes of the Mental Health Care and Treatment (Scotland) Act 2003, that the Custody facility at Livingston is the only available appropriate place of safety in West Lothian.

Note: Should the DSH be completely intoxicated, Force Procedures in respect of a person Drunk and Incapable (D&I) should be adhered to and the person taken to the Accident and Emergency Department to check their fitness for custody.

Section 5 - Arrival at Station

5.1 I f the DSH is brought direct to Livingston Custody Suite, then the FME/Custody nurses should be contacted to carry out an initial medical assessment of their condition.

At this stage they are to be regarded as a high risk DSH and the necessary at risk forms should be completed in respect of their presence in the Custody Suite.

They should be placed in a life-monitoring cell with 15-minute observations carried out. The DSH should also be placed in a suicide prevention suit due to the high risk.

5.2 T he Duty Inspector will initiate and carry out an Adult IRD for each DSH Subject who is held in custody under the Mental Health Care and Treatment (Scotland) Act 2003.

The Duty Consultant Psychiatrist will participate as the Health representative and be informed that the Adult IRD process is being instigated. The Adult IRD will record all decisions made in connection/treatment of the DSH and details of the risk management arrangements for their release. The need for an Adult Protection Case Conference or other multi-agency arrangement will be discussed.

5.3 O fficers should complete an Adult referral for the DSH and send it to the Adult Protection Officer and the Custody Suite. This is to ensure that officers who attend the hospital in the morning are aware of the circumstances regarding the DSH.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 96 Section 6 - Arrival at Hospital

6.1 A local protocol has been arranged between St John’s hospitals and the police whereby the Duty Custody Sergeant (under the authority of the Duty Inspector) will contact OPD5 at 09:00hrs Monday - Friday to arrange for an appointment to have the DSH assessed.

Once this appointment has been confirmed police will convey the DSH to OPD 5 and will remain at all times until the assessment is complete. Officers who attend at the hospital should be in possession of the Adult referral for the incident involving the DSH.

6.2 During out of hours times the Duty Custody Sergeant should again contact OPD 5/Ward 17 at 09:00 hours to arrange for an appointment with the duty SHO. Again the escorting officers should remain with the DSH until the assessment has been completed. The doctor must be informed that the DSH has been detained under the Mental Health Care and Treatment (Scotland) Act 2003.

6.3 If the DSH is admitted to hospital for further treatment all police involvement will end. Full information will be recorded throughout and will be updated on the custody system. The duty Inspector should again consider carrying out an adult IRD in these circumstances. On all occasions an Adult referral will be submitted prior to the officers dealing with the DSH retiring from duty.

6.4 If DSH is not admitted, and the psychiatrist confirms that there is no requirement for / likely benefit from admission, or authority for detention, then the powers to detain under the Mental Health (Care and Treatment) (Scotland) Act 2003 cease

If the DSH is not admitted to hospital and they are still making verbal reference to their continued intention to self- harm then a full statement should be noted from the assessing doctor. This statement should detail his or her opinion on the risk presented by the DSH and confirming that there is no requirement or authority for detention in the hospital.

Officers should contact the Duty Inspector to discuss the next course of action. The DSH at this point is deemed to have advocacy over their own decision making process and should be allowed to leave the hospital premises.

Full enquiry should still continue to identify and locate a next of kin or reasonable person who should be informed of the circumstance and asked to accompany the DSH.

It is proposed that a final interview with the DSH will take place with a member of staff from the Acute Care and Support Team (ACAST). This will include the provision of an information leaflet giving details of all available support agencies in West Lothian.

6.5 Every DSH incident will be unique and all risks and circumstances will dictate the final course of action for the police.

It cannot be emphasised enough that our partners in Health opinion that all intervention with the DSH Subject should end at this stage.

It is critical to the process that these views are properly recorded on the Adult IRD and further consideration with Social Work regarding a follow up care visit must be considered.

The medical opinion of the Psychiatric Doctor cannot be underestimated in these cases, as they are the medical experts and cognisance of their opinion and the proper recording of this is essential.

6.6 As per COPFS instructions the DSH Subject will not appear in court unless during the attempt or threat to commit suicide that person has put someone’s else’s life in danger. This scenario would be unique and not the norm.

It is acknowledged that these persons are in a crisis situation and placing them in the Criminal Justice system would not be the appropriate action to address their medical issues and personal needs.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 97 Section 7 - Other actions/Risk Management Arrangement

7.1 The Divisional DOSU will maintain a list of repeat DSH Subjects, which should be readily available to officers at all times.

7.2 The risk management arrangement will be formalised with a joint partnership approach. Some subjects who are not admitted to hospital will be given the opportunity to engage with the Acute Care and Support Team (ACAST). The ACAST team will carryout initial discussions with such subjects, conduct home visits and complete referral outcomes, which are disclosed to Doctors and Social Work. This will only occur if the DSH Subjects are willing to engage with the service.

If it is deemed that the DSH subject is an “adult at risk” under the Adult Support and Protection (Scotland) Act 2007, it would be expected that they would be involved in West Lothian’s Adult Protection processes. This may include an Adult Protection Case Conference and appropriate level of risk assessment and Adult Support and Protection Plan.

7.3 Social Work and the ACAST team are currently working on producing an advice leaflet that will be given to all DSH Subjects. This will contain a list of contact numbers, available support services and general advice regarding suicide prevention.

7.4 Access to the drug and alcohol awareness team (WLDAS) should be offered to all DSH Subjects detained in custody overnight.

7.5 The decision regarding the incident and the risk management arrangement should be fully recorded on the Adult IRD. One outcome may be that it is agreed that further information requires to be gathered by partner agencies.

7.6 Training has been arranged for Psychiatric staff at St John’s Hospital regarding the Adult IRD process.

Section 8 - Police statutory obligations under section 298 Mental Health Care and Treatment (Scotland) Act 2003

8.1 When a DSH is detained under section 297 of the Mental Health Care and Treatment Scotland Act 2003 the detaining officer must inform the detained person’s nearest relative or carer of the circumstances, as soon as reasonably practicable.

8.2 In respect of the Adult Referral Form and the notification to the detained person’s nearest relative or carer, the information supplied must include the following:

• The name and address of the person concerned • The time and date at which the person concerned was removed from the public place. • The circumstances giving rise to the removal. • The address of the place of safety and • The reason for the use of the police station if this occurred (This will normally be due to the DSH being under the influence of alcohol)

8.3 Within 14 days of a detention under Section 297, the Mental Welfare Commission must be informed. Detaining officers should print off and complete Form POS1 (Force Form ta57) as soon as possible. This form cannot be completed electronically. This should be subsequently sent by post to the Mental Welfare Commission at the address detailed on the last page of the form and a photocopy forwarded to the Diversity Unit, Safer Communities Department, Force Headquarters for their information and records.

8.4 The Public Protection Unit will have an oversight role in respect of this legislation and MUST be fully updated in every case where an individual is detained under this section of the Act.

PS Tidy Livingston

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 98 Appendix A

Daytime hours The Contact details for Duty Inspectors to complete IRD or arrange for professional concerns meeting during daytime hours.

Mon-Thurs 08:30 – 16:45 and 08:30 – 16:00 on Friday.

Adults over 16 but under 65- Ask for Duty Team Manager 01506 777777 (Livingston SWD)

Adults over 65 Ask for Duty Team Manager 01506 776700 (Bathgate SWD)

Out of hours Social Care Emergency Team 01506 777401

Appendix B – Glossary

FCC – Force Communication Centre

DOSU – Divisional Operational Support Unit

PNC – Police National Computer

CHS – Criminal History System

E-IRD – Electronic Interagency Referral Discussion

ACAST - Acute Care and Support Team

PPU – Public Protection Unit

Appendix C - The Adult Support and Protection (Scotland) Act 2007

The Adult Support and Protection (Scotland) Act 2007

The Adult Support and Protection (Scotland) Act 2007 was implemented in October 2008 and places duties on local authorities and other statutory agencies to support and protect people who fall into the category of “adults at risk”.

Definitions Under the Adult Support and Protection (Scotland) Act 2007 an “adult at risk” means a person aged sixteen years or over who: (a) is unable to safeguard their own well-being, property, rights or other interests; (b) is at risk of harm, and (c) because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

All of the above criteria must apply to identify an individual as an “adult at risk”

The presence of a particular condition does not automatically mean an adult is an “adult at risk”. Someone could have a disability but be able to safeguard their well-being, property, rights or other interests; all three elements of this definition must be met. It is the entirety of an adult’s particular circumstances which combine to make them more vulnerable to harm than others.

Who is “at risk of harm”? An adult is at risk of harm if another person’s conduct is causing or is likely to cause the adult to be harmed or The adult is engaging or is likely to engage in conduct which causes or is likely to cause self-harm.

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 99 What is harm? In the Adult Support and Protection (Scotland) Act 2007, harm “includes all harmful conduct” and, in particular, includes: • conduct which causes physical harm; • conduct which causes psychological harm (e.g. by causing fear, alarm or distress); • unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion); • conduct which causes “self-harm”.

Fundamental Principles of the Act The Adult Support and Protection (Scotland) Act 2007 requires that any interventions into the life of an adult at risk should comply with certain fundamental principles which underpin the provisions of the Act. These are: • any intervention in an adult’s affairs must provide benefit to the adult; • any intervention into the adult’s affairs should be the least restrictive option to the adult’s freedom; • this benefit could not be reasonably provided without intervention.

In addition public bodies or office holders must also have regard to the following: • any intervention will take into account the wishes of the adult; • any intervention will take into account the views of people who are important to the adult; • any intervention will involve the adult’s participation as much as possible; • any intervention will not result in the adult being treated less favourably than someone who is not an adult at risk; • any intervention will take into account the adult’s abilities, background and characteristics (including the adult’s age, sex, sexual orientation, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage).

West Lothian Council - Adult Support and Protection Procedures - with Guidance Notes 100