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Adult Protection

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by

shelley ferguson

on 27 February 2015

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Transcript of Adult Protection

What Are
Rights?

Thank you for your attention!
And one more thing...
Conclusion:
Rights are essential to enable us to protect peoples freedoms and not restrict or oppress the individual.
Legislation
Mental Health (Care and Treatment) (Scotland) Act 2003
Adults With Incapacity (Scotland) Act 2000
NHS and Community Care Act 1990
Community Care and Health (Scotland) Act 2002
Regulation of Care (Scotland) Act 2001
Adult Support and Protection (Scotland) Act 2007
Disability Discrimination Act 2005 & 1995
Equalities Act 2010
The Human Rights Act 1998
The Data Protection Act 1998
Subject 1
Subject 2
Current legislation
a Right is an entitlement
A freedom
A right is has a cultural Value
In law where are rights explained?
Principles
Adult Support and Protection (Scotland) Act 2007
must provide benefit to the adult; and
should be the least restrictive to the adult's freedom of the range of options available to meet the object of the intervention.
1. Non-discrimination - People with mental disorder should, wherever possible, retain the same rights and entitlements as those with other health needs.

2. Equality - All powers under the Act should be exercised without any direct or indirect discrimination on the grounds of physical disability, age, gender, sexual orientation, language, religion or national or ethnic or social origin.

3. Respect for diversity - Service users should receive care, treatment and support in a manner that accords respect for their individual qualities, abilities and diverse backgrounds and properly takes into account their age, gender, sexual orientation, ethnic group and social, cultural and religious background.

4. Reciprocity - Where society imposes an obligation on an individual to comply with a programme of treatment of care, it should impose a parallel obligation on the health and social care authorities to provide safe and appropriate services, including ongoing care following discharge from compulsion.

5. Informal care - Wherever possible, care, treatment and support should be provided to people with mental disorder without the use of compulsory powers.

6. Participation - Service users should be fully involved, so far as they are able to be, in all aspects of their assessment, care, treatment and support. Their past and present wishes should be taken into account. They should be provided with all the information and support necessary to enable them to participate fully. Information should be provided in a way which makes it most likely to be understood.

7. Respect for carers - Those who provide care to service users on an informal basis should receive respect for their role and experience, receive appropriate information and advice, and have their views and needs taken into account.

8. Least restrictive alternative - Service users should be provided with any necessary care, treatment and support both in the least invasive manner and in the least restrictive manner and environment compatible with the delivery of safe and effective care, taking account where appropriate of the safety of others.

9. Benefit - Any intervention under the Act should be likely to produce for the service user a benefit that cannot reasonably be achieved other than by the intervention.

10. Child welfare - The welfare of a child with mental disorder should be paramount in any interventions imposed on the child under the Act.
Mental Health care and treatment (Scotland) act 2003
Adults With Incapacity Act 2007
Benefit
Least restrictive Option
take account of the wishes of the person

consultation with relevant others
encourage the person to use existing skills and develop new skills
Powers
2000
2003
2007
intervention order
Interim Guardianship
Guardianship (welfare &Financial)
Power of attorney
Appointeeship
Intromission of funds
removal order
Short term detention
emergency detention
Compulsory treatment order
removal order
banning order
assessment order

The legislation defines the grounds for our intervention
It defines our role and purpose
It sets out our duties
It provides a framework for practice
It provides a basis for ethical practice
ACTIVITIES:
http://www.scie.org.uk/publications/elearning/adultsafeguarding/resource/1_life_stories.html#darren
Assess Darren's circumstances and decide which piece of legislation you might use to support Darren's rights
Class activities
Everything is dangerous my dear fellow. If it wasn't , life wouldn't be worth living"

Oscar Wilde
Full transcript