PERTH AND KINROSS COUNCIL 1 OCTOBER 2008 10 08/508 ABSTRACT ADULT SUPPORT AND PROTECTION Report by the Executive Director (Housing & Community Care) To inform the Council of the progress towards the implementation of the Adult Support & Protection (Scotland) Act 2007, particularly in relation to the establishment of an Adult Protection Committee, the appointment of an Independent Convener, Training Plan and Resource Issues. 1. RECOMMENDATIONS 1.1 That Council considers the Model recommended in this report for the establishment of an Adult Protection Committee (APC) and delegates authority to the Chief Social Work Officer to establish the Committee in conjunction with the Head of Democratic Services. 1.2 That the Council delegates authority to the Chief Social Work Officer to establish a process for appointment of a Convener and members of the Adult Protection Committee, and thereafter to appoint the Convener and members. 1.3 That Council considers/approves the Governance Model of the APC. 1.4 That Council notes the work being undertaken to revise the current Guidelines Protecting Vulnerable Adults in Perth & Kinross in line with legislation and the National Code of Practice. 1.5 That Council notes the resource issues related to the implementation of the Act. 1.6 That Council supports the implementation of the Training Plan. 2. BACKGROUND 2.1 This report should be read in conjunction with Report No 08/134 to the Housing & Health Committee which outlines the main provisions of the Act and the Council s response to the Consultation on the Code of Practice issued by the Scottish Government. 2.2 Since March 2008, a number of initiatives have taken place nationally and locally about which the Council should be informed. 2.2.1 In legislation, the Council is required to establish an Adult Protection Committee to oversee the Strategic and Operational Effectiveness of Prevention and Protection Interventions (Section 42) and appoint a Convener who is not an Elected Member or Officer of the Council. In preparation for this, an Interim Adult Protection Committee was set up in May 2006.
2 This is a Multi-Agency group, Chaired by the Head of Community Care, which has had responsibility for ensuring a joined-up approach to the protection of vulnerable people in relation to issues of abuse. Membership has included senior staff from Housing & Community Care Services, Education & Children Services, Perth & Kinross Council Legal Services, Tayside Police, NHS Tayside and Perth & Kinross Community Health Partnership, Care Commission and the Procurator Fiscal. It has sought to provide governance for operational issues, ensured appropriate training has been delivered and ensured appropriate collation and analysis of data. It has also commissioned work to be carried out in relation to consultation processes around the legislation. 2.2.2 As indicated in Report No 08/134, 2.6, the Chair of the Committee must not be an elected member or officer of the Council. Recruitment of a suitable candidate requires to be initiated as soon as possible to ensure compliance with the Act which is due to come into force on 29 October 2008. 2.3 Review of Adult Protection Guidance The final version of the Code of Practice on the operation of the Act has been developed nationally following the Consultation Process completed in March 2008. This has informed the revision of Perth & Kinross Operational Guidance being undertaken by a Multi-Agency Working Group. The Act provides Council Officers with new powers to assist in the protection of adults at risk of harm. However, in Perth & Kinross, only appropriately-trained and experienced Social Workers will carry out this function, in line with current Guidelines. This has been the practice as set out in our Operational Guidance which was launched in February 2006. 2.4 National and Local Training Plan The National Training Group has set up a training programme which was rolled out through a number of national and regional events in August and September. The content has largely been drawn from material developed within Perth & Kinross, Scottish Borders, and West Lothian. It is to the credit of our own staff that Perth & Kinross Council material is being included in the training. This is an indication of the progress already achieved in terms of training and operational processes, and the national recognition of the value of this work. The local Training Plan for the new legislation has been in place since December 2007 and is presently being delivered across Agencies within Perth and Kinross. Sixty of the staff who will carry out and supervise investigations will attend a 2-day course on the provisions and duties of the new legislation. Other staff from Perth & Kinross Council and partner agencies will attend a summarised version suitable to their role within their organisations.
3 3. PROPOSALS 3.1 That in accordance with Section 42 of the Act, a Multi-Agency Partnership Group is established which will be called The Adult Protection Committee (APC). Its functions, as set in Statute, are:- (a) (b) (c) (d) to keep under review, the Procedures and Practices of the public bodies and office-holders to which this Section applies which relate to the safeguarding of adults at risk present in the Council s area (including, in particular, any such Procedures and Practices which involve co-operation between the Council and other public bodies or office-holders to which this Section applies); to give information or advice, or make proposals, to any public body and office-holder to which this Section applies on the exercise of functions which relate to the safeguarding of adults at risk present in the Council s area; to make, or assist in or encourage the making of, arrangements for improving the skills and knowledge of officers or employees of the public bodies and office-holders to which this Section applies who have responsibilities relating to the safeguarding of adults at risk present in the Council s area; any other function relating to the safeguarding of adults at risk as the Scottish Ministers may by order specify. 3.2 Membership The public bodies which will require to be represented on the Committee are Perth and Kinross Council, the Care Commission, NHS Tayside and Tayside Police. These bodies will be represented on the APC by a nominated officer who has skills and knowledge relevant to the Committee. He/she may nominate a deputy to whom authority for decision-making will be delegated in their absence, to ensure continuity and progress of the responsibilities of the APC. The Mental Welfare Commission, the Office of the Public Guardian and Procurator Fiscal will also be invited to have a representative on the APC, although it is understood that they may attend only on specifically appropriate occasions. It is recommended that Council will be represented by the Chief Social Work Officer, the Head of Community Care, Service Managers from Housing and Community Care, Education & Children Services and by a representative from Legal Services. The APC may convene Sub-Groups focussing on specific areas such as Training and Development Practice, Case Review, Performance and Reporting, Risk Assessment and Management.
4 3.3 The Act prescribes that the Convener must not be a member or officer of the Council. It is therefore proposed that an independent Convener is appointed. This will be a person with significant knowledge of Adult Protection issues, with a background of operational, strategic or academic knowledge and expertise and will allow that person a level of scrutiny of processes and procedures within Adult Protection in Perth and Kinross. 3.3.1 It is proposed that the Convener is directly accountable to the Chief Executive of the Council and will be advised by the Chief Social Work Officer. 3.3.2 It is proposed that this appointment is made by way of a Consultancy Agreement or on a self-employed basis, depending on the preference of the candidate. Benchmarking has been carried out and a fee of 250 per day, plus expenses, reflects an average remuneration. 3.4 While the membership of the Group will have delegated authority, the proposed Scottish Government Guidance suggests that the governance will be provided through a multi-disciplinary Chief Officer Group, chaired by the Council s Chief Executive. In Perth & Kinross, it is proposed that this will be carried out by Community Planning Partnership Executive Group which is chaired by the Chief Executive and that they are advised by the Chief Social Work Officer. 3.5 It is proposed, in line with legislation, that the Chair of the Adult Protection Committee reports to Scottish Government biennially on the activity of the Committee. 3.6 It is proposed that procedures and practice links between Adult Care, Child Protection and the Public Protection role within Criminal Justice Services are strengthened by the participation of these partners in the Adult Protection Committee. 3.7 The APC would report through the Community Planning Partnership, given the cross-cutting approach that is required in Adult Protection. The review of governance arrangements of the Community Planning Partnership will be subject to a separate report. 4. CONSULTATION Those involved in consultation and preparation for the report are: Head of Service, Community Care, Chair of Interim Adult Protection Group; ADSW Community Care Standing Committee; Adult Support and Protection National Training Group; Perth & Kinross Learning and Development Service; Operational Guidance Working Group; Draft Guidance on Adult Protection Committee; Council Recruitment Websites across Scotland.
5 5. RESOURCE IMPLICATIONS 5.1 Scottish Government has allocated over 15m nationally for implementation costs of the legislation, although funds have not yet been made available. 5.2 Perth & Kinross Council has been allocated the sum of 216,487 for the implementation of the Act with a further 5,542 being allocated to Tayside Police locally for their costs in implementation. This is based on this year for 6 months costs, with full year costs being made available for future years. As part of this settlement 6,000 was allocated to cover the cost of recruitment and expenses of an independent Chair and support from Democratic Services. In the initial submission to the Scottish Government, 26,000 was estimated for the cost of property, supplies and services and other running costs for the initial 6-month period. For 2009/10 funding of 15.6m has been agreed in principle for the whole of Scotland. The Scottish Government, are anxious to identify actual rather than projected spend and they have agreed to work together with COSLA to review the legislation s operation and to start this as soon as possible after implementation. 5.3 Work is also being undertaken by the Scottish Government and Local Authorities to identify other costs that may become apparent with the implementation of the new legislation and these may include:- Medical examinations negotiations currently underway with the British Medical Association at a National level; Funding for Places of Safety required on enactment of Removal Orders; Funding for setting up or increasing care packages when enacting Barring Orders; Duty to consider use of Advocacy may require increase in Service Level Agreement funding for Independent Advocacy from 09/10 onwards. It is not possible to estimate the costs around these issues at this stage because the frequency of the need is difficult to estimate. However, in the initial period we will record any additional expenditure for further discussion with the Scottish Government. 6. COUNCIL CORPORATE PLAN OBJECTIVES 2006-2010 Perth & Kinross Council and its partners have plans in place to ensure a good state of readiness for the implementation of this Adult Support & Protection Act. We have since 2006 had in place Operational Procedures for the Protection of Adults at Risk and these will be further enhanced by the implementation of the new legislation.
6 This contributes to the Council s objective of providing a safe, secure and welcoming environment for its citizens. The Council s Corporate Plan 2006-2010 lays out five Objectives which provide clear strategic direction, inform decisions at a Corporate and Service level and shape resources allocation. This course of action meets the following objectives: (i) (ii) A Safe, Secure and Welcoming Environment Healthy, Caring Communities 7. EQUALITIES ASSESSMENT The function, Policy, Procedure or Strategy presented in this report was considered under the Corporate Equalities Assessment Framework and the determination was made that the items summarised in this report do not require further assessment as they do not have an impact on people s wellbeing. 8. STRATEGIC ENVIRONMENTAL ASSESSMENT The Plan, Programme or Strategy presented in this report was considered under the Environmental Assessment (Scotland) Act 2005 and the determination was made that the development is unlikely to have any significant effects on any of the areas defined in the SEA Guidance. 9. CONCLUSION Perth & Kinross Council and its partners have plans in place to ensure a good state of readiness for the implementation of the Adult Support & Protection Act. We have, since 2006, had in place Operational Procedures for the Protection of Adults at Risk and these will be further enhanced by the implementation of the new legislation. DAVE ROBERTS Executive Director (Housing & Community Care) Note: No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973 (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above report. Contact Officer: Jim Dean, Head of Community Care (jdean@pkc.gov.uk) Address of Service: 5 Whitefriars Crescent, Perth PH2 OPA Date: 19 September 2008 Kathleen Frew