Legislation

Duty of candour is a professional responsibility to be honest with people. It means being open and transparent in health and social care support. It also means that services must say sorry when things go wrong. The Duty of Candour Procedure (Scotland) Regulations 2018 came into force on 1 April 2018. These regulations apply when there is an event which causes unintended, or unexpected, harm to an individual receiving a health or care service.

This briefing looks at how legislation, policy, and services use the term ‘abuse’ and related terms such as 'victim'. Use of words surrounding abuse is complex, because how we talk about abuse can vary across contexts. It is also dynamic, because societal understanding of abuse has changed over the past decades. This briefing unpicks the different meanings the language of abuse can have - and how they have impacted policy and practice. Part of the Iriss outline series.

This presentation was delivered in April 2024 to a joint child protection / Adult Support and Protection meeting. Children and adults are defined in different ways in legislation. While ASP is applicable to someone over 16, child protection may be applicable up to the age of 18. In theory, therefore, both ASP and Child Protection guidance can apply to 16 and 17 year olds. This presentation gives an overview of that overlap and the interface between these two areas of support. It also covers the experience of working with 16 and 17 year olds from a practitioner perspective.

This video, from the ASPire 2024 conference, explores the issue of undue pressure. This includes when it's relevant, how it is defined, and how it is proved. The video particularly sets out the legal context and challenges in proving undue pressure is (or has been) occurring. Reference is made to the case of 'AB', in which undue pressure was a factor.

This video, from the ASPire 2024 conference, explores the case of 'AB'. This person had mild-moderate learning disabilities and a long-term medical condition, and died aged 52. Alongside AB, the case highlights the role of CD, who repeatedly thwarted AB's access to medical care and support. The video outlines lessons to be learned for the future, particularly considering the issue of undue pressure.

This document sets out the legislative basis for the council officer role. It also covers the activities required in Scottish Borders in order to maintain accreditation. This includes training and participation in particular groups and activities. It accompanies the documentation from Scottish Borders on gaining council officer accreditation.

This document sets out the legislative basis for the council officer role. It also outlines the training expected by Scottish Borders in the council officer role, the ongoing learning required, and the final approval process for accreditation. It accompanies the documentation from Scottish Borders on the council officer re-accreditation process.

The Adult Support and Protection (Scotland) Act 2007 defines 'adults at risk' as individuals, aged 16 years or over, who: