Under Adult Support and Protection legislation, local authorities have a duty to investigate harm. The major piece of legislation is the Adult Support and Protection (Scotland) Act 2007, however there are several other Acts that will be relevant to ASP work. The resources in this category all relate to legislation (and gaining the legal literacy to apply it).
This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the mental health officer (MHO).
This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, introduces the Act. It takes a close look at each principle of the Act, giving examples of applying these in practice.
The video also contains links to other resources.
This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority in supervising private welfare guardians. It looks at what a private welfare guardian is, how someone becomes one, and why they are supervised by the local authority. It also covers situations where there is a concern about a welfare guardian, or if the welfare guardian no longer seems necessary.
The video also contains links to other resources.
This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains the role of the local authority when acting as welfare guardian for an adult. It covers what a welfare guardian is (and how a local authority can become one), a welfare guardian's powers, and how they work in practice. It also covers what happens when these powers don't work as intended, or when a welfare guardian's role ends. Issues of human rights and restrictions of liberty are considered throughout.
This video, part of Dundee's bitesize video series on the Adults with Incapacity Act 2000, explains power of attorney. It looks at what it is, how it is created, and who can act as power of attorney. It also considers how power of attorney is created, the safeguards that exist around the role, and how it may end.
The video also contains links to other resources.
An Act of the Scottish Parliament to make provision about human trafficking and slavery, servitude and forced or compulsory labour, including provision about offences and sentencing, provision for victim support and provision to reduce activity related to offences.
Trafficking can involve victims being sexually exploited or forced into the role of a servant, or trapped in forced labour. Nail bars, car washes and construction are amongst the industries where potential cases in Scotland have been reported.
This document contains several tables, each of which provides short extracts from the Acts for comparison purposes. These include:
This learning resource is designed to support the development of knowledge and understanding of the Adults with Incapacity (Scotland) Act 2000. It aims to support and promote people’s rights in the application of the Act in health, social work and social care.
Included with this resource is an eLearning module, principles of the AWI Act, a podcast, a quick guide, a 'mythbusting' section and a resource library. It is part of TURAS and a free account is required to access the resource.
This good practice guide sets out the law and basic principles related to independent advocacy. This guidance aims to help practitioners make sure that advocacy is encouraged and that the
advocate plays an important role in care and treatment, as intended by the legislation.
Several good practice examples and case studies are included.
The Mental Health (Care and Treatment) (Scotland) Act 2003 imposed a duty on local authorities and health boards to collaborate to ensure the availability of independent advocacy services in their area. The Act gave everyone with mental illness, learning disability, dementia and related conditions the right to access independent advocacy support.
