The Scottish Government

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Chapter 3: Adult representation

1. This chapter covers the duty to consider the importance of providing advocacy and other services.

Advocacy and other services

2. Section 6 places a duty on the council, if it considers that it needs to intervene in order to protect an adult at risk of harm, to consider the provision of appropriate services, including independent advocacy services, to the adult concerned, after making inquiries under Section 4 of the Act.

3. Other services are not defined in the Act but consideration should be given to practical and emotional support provided by social work, health, voluntary sector and private sector providers. For example the provision of mainstream health and social care services such as housing, independent living, financial, occupational therapy, counselling, support for carers, and Community Health Partnership services etc.

4. It is important than any assistance or intervention must be well planned so that wherever practicable the adult is provided with the right kind of support and that the situation does not escalate to the point where they feel that their perspective is not being actively considered.

Independent advocacy services

5. The definition of independent advocacy services used in the Act is that given in Section 259(5) of the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act") which defines independent advocacy services as independent where they are not provided by a local authority, NHS Board or a member of the local authority or NHS Board. The adult should never be expected to pay for the services. (Section 6 of the Act requires the council to consider the provision of appropriate services, including independent advocacy services, in respect of all suspected adults at risk. Those adults at risk with a mental disorder have an automatic right to such a service under the 2003 Act).

6. Independent advocacy aims to help people by supporting them to express their own needs and make their own informed decisions. Independent advocates support people to gain access to information and explore and understand the options available to them.

7. Independent advocacy is provided by specialist organisations that do not provide any other services. It is however recognised that some organisations, such as voluntary sector disability rights groups, who may provide (non-independent) advocacy may also provide housing, financial advice and support services. In such cases it is important to establish any potential conflict of interest.

8. For further information about advocacy, contact the Scottish Independent Advocacy Alliance :www.siaa.org.uk

Safeguarders

9. Under Section 41(6) of the Act, the sheriff has discretion to appoint a person to safeguard the interests of the affected adult at risk in any proceedings relating to an application. It may be that the sheriff will instruct the safeguarder to report on the issue of consent.

Assessing and managing communication difficulties

10. The adult should be provided with assistance or material appropriate to their needs to enable them to make their views and wishes known. Reasonable adjustments should be made to support the adult's needs wherever identified. Whenever possible, the adults should be asked which format for communication they prefer. This could be technical aids to support communication or information to be interpreted, translated or adapted.

11. There are various aids and adaptations which can support and enable communication, as well as 'human aids to communication' such as British Sign Language interpreters, lip speakers, Makaton, and deaf-blind communicators. Where possible, materials should also be available in alternative formats such as large print, audio tape, Braille and computer disc. Consideration should also be given to the surrounding environment. This can affect communication due to, for example, noise levels, provision of loop systems or lighting. These are just some examples of areas which should be taken into consideration.

Examples of support services that may help an adult

12. The following is illustrative only and does not comprise a comprehensive list.

Victim Support Scotland

13. This is the lead voluntary organisation in Scotland helping people affected by crime. It provides emotional support, practical help and essential information to victims, witnesses and others affected by crime. The service is free, confidential and is provided by volunteers.

14. Further information from www.victimsupportsco.demon.co.uk

Appropriate adult schemes

15. The role of the appropriate adult is to facilitate communication between a mentally disordered person and the police and, as far as is possible, ensure understanding by both parties. The use of an appropriate adult is extended to all categories of interview - witness, victim, suspect and accused. Mental disorder is defined in the Mental Health (Care and Treatment) (Scotland) Act 2003 as any mental illness, personality disorder or learning disability however caused or manifested. It is the responsibility of the police to determine if someone is vulnerable and to initiate the appropriate adult scheme.

16. Appropriate adults are selected for their experience in the field of mental health, learning disabilities, dementia and/or acquired brain injuries. It is their role to pick up on clues and indicators that a person has not fully understood what they are being told or what they are being asked. The presence of the appropriate adult is about trying to ensure equality for the person being interviewed. It is not about advocacy or speaking on behalf of a person with a mental disorder, rather it is about an independent third party checking that effective communication is taking place and that the person being interviewed is not disadvantaged in any way due to their mental disorder.

17. Further information can be obtained from:
http://www.scotland.gov.uk/Topics/Justice/criminal/18244/Appropriate-Adult

Support for unpaid carers

18. It may be that adult's carer requires support to enable them to continue to support the adult. The Community Care and Health (Scotland) Act 2002 amends the Social Work (Scotland) Act 1968 to give carers a right to have their carer needs assessed by the council. It would be good practice to bring this assessment right to the notice of any carer providing a substantial amount of care where the carer appears to have unmet caring needs.

Vulnerable Witnesses (Scotland) Act 2004

19. The Act provides support measures to help vulnerable adults participate more fully in court proceedings. A vulnerable witness is a witness in respect of whom there is a significant risk that the quality of their evidence may be diminished by reason of fear or distress in connection with giving evidence at a trial. Special measures are intended to help vulnerable witnesses by providing appropriate support when they give their evidence to reduce any anxiety and pressure. It should be noted however that the final decision on whether to use special measures rests with the sheriff in court.

20. Further information is available at:
http://www.scotland.gov.uk/Publications/2005/04/04143522/35246

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