Adult support and protection
The Council
Section 53 of the Act states “that references to a council in relation to any adult known or believed to be at risk, are references to the council for the area which the person is for the time being in”.
Click here to open ASP Cross Boundary Cases
In relation to cross boundary cases best practice guidance has been developed and subsequently ratified by Social Work Scotland.
This document details a set of principles for each Adult Protection Committee/Integrated Joint Board/Local Authority. Their purpose is to ensure that an adult at risk in one local authority area will be provided with the same level of support and protection until the circumstances of any move are assessed, shared and reviewed and can indicate whether the risks are reduced or eliminated in the new setting.
In respect of local arrangements for the management of cross boundary cases Section 53 (1) of the Adult Support and Protection (Scotland) Act 2007 states that adult protection duties are held by the council in which the Adult at Risk of Harm ‘is for the time being in’. However it is for each Adult Protection Committee to ensure they have robust cross boundary procedures in place to mitigate any significant risk to the adult.
Where there are resource implications reference should be made to Scottish Government Ordinary Residence Guidance.
Council Officer
The investigating officer has been given, within the 2007 Act, the title of Council Officer. The definition of a Council Officer within the 2007 Act at Section 53(1) is an individual appointed by a Council under Section 64 of the Local Government (Scotland) Act 1973. Section 53(1) also enables ministers to restrict the type of individual who may be authorised by a council to perform Council Officer’s functions.
The exact definition of a Council Officer is defined in Sections 3 and 4 of Scottish Statutory Instrument (SSI) regulation 2008 No 306 2007 Act (Restrictions on the Authorisation of Council Officers, Order 2008) and reads as follows:
Section 3 (1) ‘A council shall not authorise a person to perform the functions of a Council Officer under sections 7 to 10 (investigative functions) unless that person meets the requirements set out in section 3, paragraph 2 of the SSI’.
Those requirements are– Section 3 (2) (a) The person:
(i) is registered in the part of the SSSC register maintained in respect of social workers or is the subject of an equivalent registration;
(ii) is registered in the part of the SSSC register maintained in respect of social service workers;
(iii) is registered as an occupational therapist in the register maintained under article 5(1) (establishment and maintenance of register) of the Health Professions Order 2001(5); or
(iv) is a nurse; and
(b) The person has at least 12 months post qualifying experience of identifying, assessing and managing adults at risk.
Restriction on the authorisation of Council Officers to perform functions under sections 11, 14, 16 and 18 reads as follows:
Section 4 states ‘a council shall not authorise a person to perform the functions of a Council Officer under sections 11 (assessment orders), 14 (removal orders), 16 (right to move adult at risk) or 18 (protection of moved person’s property) unless that person meets the requirements of article 3(2)(a)(i), (iii) or (iv) and (b)’.
Within these requirements, it will be for each council to determine who will act as a Council Officer within their area.