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3. MEMBERSHIP
Section 43
36. Section 43 states that:
(1) It is for the council to appoint the convener and the other members of its Adult Protection Committee in accordance with this section.
(2) Each public body and office-holder to which section 42 applies (other than the council and the Care Commission) must nominate a representative who appears to the body or office-holder to have skills and knowledge relevant to the functions of the Adult Protection Committee to be a Committee member
(3) The Care Commission may nominate a representative who appears to it to have skills and knowledge relevant to the functions of the Adult Protection Committee to be a Committee member.
(4) The council must appoint the representatives nominated under subsections (2) and (3) as Committee members.
(5) The council may also appoint as Committee members such other persons who appear to it to have skills and knowledge relevant to the functions of the Adult Protection Committee.
(6) The Committee convener must not be a member or officer of the council.
Convener
37. The duty is on councils to appoint an independent APC convener and APC members. There is also a duty on other public bodies (currently only health boards and the police) to nominate members.
38. As the Council is the lead statutory body, the Committee convener must not be a member or officer to avoid any potential conflict of interest. The individual must be seen to be independent in thought and action as well as someone who has the necessary knowledge and skill. The partnership organisations should endeavour to recruit for these positions together.
Representatives: skills and knowledge
39. As the lead statutory body, it will be for the council to appoint those who are nominated. The relevant health boards and the Chief Constable require to nominate at least one representative each whilst the Care Commission may nominate a representative. All nominees must evidence relevant knowledge and skill including an understanding of the importance of working collaboratively and effectively in a multidisciplinary and multiagency context.
40. The Act gives councils discretion to appoint other representatives who can bring particular expertise to the Committee. For example, they may wish to include representatives from adult social care services, community health partnerships, police protection units, children's services, criminal justice, legal services (including Procurator Fiscals), mental health, nursing, acute health services, housing, service provision, advocacy, education and training, and from senior management to consultant and senior practitioner levels.
41. Although not a statutory requirement, it would be considered good practice to invite service providers from the independent sector to be represented on each Committee given their significant role in service delivery.
42. The involvement of people who use services in the design and delivery of services will be critical to the success of the policy. There are existing arrangements whereby regular contact with local service user and carer groups promotes discussion of adult protection issues. Committees have then taken full account of this discussion in developing policy, practice and training.
43. There is also the broader issue of public involvement in the work of APCs. Modernised councils require to ensure public participation, and the NHS also has statutory duties for public involvement. Councils and their partners may wish to consider how public concerns and views are represented and taken into account within the work of APCs. If this general interest is not directly represented on APCs then local partners may wish to consider how public involvement and participation can be enabled through other means.
Lnks with Child Protection Committees and MAPPA
44. There are important procedural and practice links to be made between adult protection, child protection and the public protection role of criminal justice services. Monitoring and advising on these links will be a function for APCs. Councils and their partners may wish to consider whether these links would be strengthened by representation from child protection and criminal justice on APCs.
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