Adult Protection PDF - Police Scotland

OFFICIAL Unit 6 Lesson 11...

OFFICIAL Unit 6 Lesson 11 Adult Protection Lesson Aim: The learner will be able to explain the legislation relating to the protection of Adults at Risk of harm, the protection of vulnerable groups and the powers which the Police and other agencies have in relation to this Introduction One of the main roles of a Police Constable is Learning Outcomes: to keep the public safe, this includes ensuring that Adults at Risk of harm within our On successful completion of the lesson, communities are not preyed upon by those students will be able to:- who would seek to harm them. The main principle of the Act is that any intervention in 1. Define the term ‘Adult at Risk’. an individual's affairs should provide benefit to the individual, and should be the least 2. Define ‘Harm’ under the Act. restrictive option of those available which will meet the purpose of the intervention. 3. Explain the measures which can be The Adult Support and Protection (Scotland) adopted under this legislation. Act 2007 (hereinafter referred to as the Act) seeks to protect such adults. The Act sets out 4. Outline the powers Police and Partner the duties and powers of statutory agencies Agencies have in connection with this to investigate circumstances and plan legislation. measures of support and protection for people where their disability or illness affects their ability to safeguard their interests or 5. Outline the offence of obstructing a wellbeing. person who is authorised to take action under this legislation. The protection of Adults at Risk is the responsibility of each and every employee of 6. State who can be an Appropriate Adult, Police Scotland. what role they can play and when they would be required. 7. State the additional support needs and identify the actions to take to ensure the interview is fair. 8. Explain the background of the Protection of Vulnerable Groups (Scotland) Act 2007 and the role of the Police in this Act. 1 th Amended 14 March 2024 v.5 OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Who is an ‘Adult at Risk?’ The Act defines ‘Adults at Risk’ as individuals, aged 16 years or over, who:- are unable to safeguard their own wellbeing, their property, rights or other interests; are at risk of harm; and because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected. All three elements above must be present in order for an individual to be an 'Adult at Risk'. This is referred to as the Three Point Test. The presence of a particular condition alone does not constitute this. It is essential where appropriate to share relevant information with partnership agencies. It is important to know what information to share and who to share it with. Sharing information with key partners can ultimately support and protect Adults at Risk of harm. Adult concern forms are shared by way of the Interim Vulnerable Persons Database (iVPD). An adult is at 'Risk of Harm' if:- Another person’s conduct is causing (or is likely to cause) the adult to be harmed; or The adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm This includes neglect or omission of care either by another person with carer responsibility or the adult themselves. What is Meant by ‘Harm?' For the purposes of the Act, 'harm' includes all harmful conduct and, in particular, includes:- conduct which causes physical harm; conduct which causes psychological harm (e.g. by causing fear, alarm or distress); unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion); and conduct which causes self-harm. 2 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection This list is not exhaustive and no category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute 'harm' to others can be physical (including neglect), emotional, financial, sexual, or a combination of these. What constitutes harm will be determined on a case by case basis. A vulnerable person could be someone who may not have a medical diagnosis confirming a physical or emotional disorder, however, their behaviour or position at a particular time can place them in vulnerable situations. They may not fit the three point test, however, if they were to receive additional support from the Council or third sector organisations, they would be able to safeguard themselves. This may include adults who misuse substances, self-harm or are disadvantaged through circumstances. Activity 1 A1 Can you think of some ways in which an adult may be exposed to risk of harm, or may expose themselves to harm? 3 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Feedback 1 F1 Bogus crime Fraud (financial crime) Theft Health and safety - accidents within the household Being taken advantage of by criminals, family members or neighbours Unable to feed themselves or get food Unable to seek medical assistance May not be able to pay bills, no internet access/phone Sexual Abuse Coercive control from local youths in relation to utilising the house as a drug/drink den (cuckooing) Mental health including suicidal thoughts What Does the Act do to Combat This Issue? Section 4 of the Act places a duty on Councils to make inquiries about a person’s well-being, property or financial affairs if it knows or believes that the person is an ‘Adult at Risk’ and that it may need to intervene to protect that person. Although other agencies including the police may ultimately be involved, the local Council is the lead agency in such matters. In order to make inquiries the Act authorises Council officers to carry out visits, conduct interviews or require health, financial or other records to be produced in respect of an Adult at Risk. The Act also allows a health professional (e.g. a doctor, nurse, midwife or any other type of individual described by reference to skills, qualifications, experience or otherwise by order made by the Scottish Ministers) to conduct a medical examination. However, a person is not obliged to answer any questions put to them in an interview, and must be informed of their right to refuse to be examined before a medical examination is carried out. 4 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Section 5 of the Act requires the following public bodies to co- operate with the council and with each other, where harm is known or suspected:- the Mental Welfare Commission for Scotland the Care Inspectorate the Public Guardian all Councils Chief Constable of Police Scotland the relevant Health Board and any other public body or office holder that Scottish Ministers specify The public bodies or officers must advise the relevant Council if they know or believe that a person is an Adult at Risk and that action needs to be taken in order to protect that person from harm. In practice, police officers are obliged to report any suspicions that an adult may be an “Adult at Risk” to the Council as per the legislation. Protection Orders The Council may apply to a Sheriff for a protection order. This can take one of three forms:- an assessment order; a removal order; or a banning or temporary banning order. Assessment Order Section 11 of the Act directs that the Council may make an application to a Sheriff for an Assessment Order to determine whether an adult is an adult suspected to be at risk, whether there is reasonable cause to suspect that the Adult at Risk is being, or is likely to be, seriously harmed and whether any action should be taken to protect the adult from serious harm. 5 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection The order allows a council officer or nominee to take an Adult at Risk to a suitable place to conduct a private interview. The order also provides that a health professional may carry out a private medical examination There is no power to detain the adult in the place they have been taken and the adult may choose to leave at any time Only the Council can apply for an assessment order. The order is valid from the date specified in the order and expires 7 days after that date. Note:- In granting the Assessment Order, the Sheriff will also grant a warrant for entry. Where a council officer is in possession of a warrant for entry to a specified place, an accompanying Constable is authorised to use reasonable force. This may include opening lock fast places (i.e. forcing entry to premises) therefore the council have responsibility to ensure the security of the Adult at Risks premises and belongings. Removal Order S14 of The Act provides that the Council may apply to a Sheriff for a Removal Order which authorises; a Council officer or any council nominee to move a specified person to a specified place within 72 hours of the order being made and to take such reasonable steps as it thinks fit for the purpose of protecting the moved person form harm. A Sheriff may grant a removal order only if satisfied; that the adult is likely to be seriously harmed if not moved to another place and; that there is a suitable place available to remove the adult to. The place from where the Adult at Risk is removed may not necessarily be their home, it could be public private or commercial premises. A council officer can enter any place in order to move an adult at risk in pursuance of the removal order. 6 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection The adult can be removed from any place in pursuance of a Removal Order and the adult is to be removed to the place specified in the order. The place where the Adult at Risk usually lives may be a contributory factor in the harm. A Removal Order expires 7 days (or a shorter period if specified within the order) after the day on which the person specified in the Order is moved in pursuance of the order. The Removal Order is primarily for protection and not for a Council interview or medical examination. Note: - The 7 day period after removal is the maximum period for which the powers could apply. During this time following removal (or shorter period if specified) the council will still be in the position to “take such reasonable steps as it thinks fit for the purposes of protecting the removed person from harm”. This is quite wide ranging and could justify doing things in that period which would otherwise not be lawful and may allow the person to be kept in a separate place as long as that is reasonable in the circumstances. In granting a Removal Order, the Sheriff will also grant a warrant for entry. (The same powers in terms of use of force apply as outlined in Assessment Order section) In urgent cases, a Council can apply to a Justice of the Peace of the commission area in which the adult is located for the necessary order and warrant for entry. The Adult at Risk must be removed within 12 hours of the grant of the Removal Order. The order expires after 24 hours. Banning Order A Banning order in terms of Section 19 of the Act, can be applied for by the council, it bans the subject of the order from being in a specified place usually where the Adult at Risk lives and may have other conditions attached The act directs that an application for a Banning Order may be made only by or on behalf of; An adult whose wellbeing or property would be safeguarded by the order or; Any other person who is entitled to occupy the place concerned 7 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection A sheriff may grant a Temporary Banning Order pending determination of an application for a Banning Order. A Banning or Temporary Banning Order may; ban the subject of the order from being in a specified area in the vicinity of the specified place, authorise the ejection of the subject of the order from the specified place and the specified area, prohibit the subject of the order from moving any specified thing from the specified place, direct any specified person to take specific measures to preserve any moveable property owned or controlled by the subject of the order which remains in the specified place while the order has effect, be made subject to any specified conditions, require or authorise any person to do, or to refrain from doing, anything else which the sheriff thinks necessary for the proper enforcement of the order. The Sheriff will grant a banning order only if satisfied:- that an Adult at Risk is being, or is likely to be, seriously harmed by another person, that the Adult at Risk's well-being or property would be better safeguarded by banning that other person from a place occupied by the adult than it would be by moving the adult from that place, The Banning Order can last for any period up to a maximum of 6 months and can be recalled or varied by the Sheriff if they are satisfied that the recall or variation is justified. A child can be subject of the Banning Order. 8 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Banning Orders – Police Response In terms of Section 25 of the Act a Sheriff may attach a power of arrest to any Banning or Temporary Banning Order. Where no power of arrest is attached Police will not routinely be made aware of its existence. Where Police do become aware of any such order, then this information should be recorded and shared appropriately by means of iVPD and/or SID and a marker added to the command and control system. Where a power of arrest has been attached a copy of the documentation must be delivered to the Chief Constable as soon as possible. The power of arrest becomes effective when it is served on the subject of the order and expires together with the order. Notification of Banning orders with a power of arrest will be placed on PNC. A constable may arrest without warrant the subject of any banning order, or temporary banning order, to which a power of arrest is attached if the constable:- reasonably suspects the subject to be breaching, or to have breached the order, and considers that there would, if the subject were not arrested, be a risk of the subject breaching the order again Note:- A constable cannot simply arrest for breaching the Order alone, there has to be concern if the subject is not arrested, they will breach the Order again. The power of arrest is derived from S28 of the Adult Support and Protection (Scotland) Act 2007. 9 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Obstruction In terms of S49 of the Act a person commits an offence if without reasonable excuse they prevent or obstruct any other person from doing anything which the other person is authorised or entitled to do by virtue of; an assessment order; a removal order; or a banning or temporary banning order. a warrant for entry; or any provision of this part of the Act. Such an offender can be punished by imprisonment therefore consideration should be given to using the power of arrest under S1 Criminal Justice (Scotland) 2016. Case Study CS Your instructor will guide you through a case study. Please study this and discuss afterwards. Appropriate Adults During the course of your duties you will encounter people who may not fully understand the purpose and implications of your enquiries. This may be due to the fact that they are mentally disordered to some degree. Police Scotland utilises an Appropriate Adult scheme which provides a pool of available adults who have undergone relevant training. Access to this pool is available 24/7 and contactable usually through the Force Control Centres. Whenever an adult aged 16 or over with a mental disorder is involved in any police process whether as a victim, witness, suspect or accused, they must be suitably provided with the services of an appropriate adult. 10 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection It may prove detrimental to a case if an Appropriate Adult is not present where the criteria has been met. Who May Be Deemed Mentally Disordered? We have already looked at the meaning of Mental Disorder in the Mental Health and Suicide Intervention lesson note, but as a reminder, a mental disorder is defined under Section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as:- “any mental illness; personality disorder; or learning disability, however caused or manifested”. For clarity this includes people who are mentally ill, people with a learning disability, those with acquired brain injury and people suffering from dementia or a personality disorder. People with mental disorders are capable of providing reliable evidence but they may have difficulty communicating effectively. This may result in misleading statements or inappropriate reactions because of a lack of immediate understanding of events. Professional Standards PS At all times you must act in a fair and reasonable manner. A court may rule the interview of a suspect who has a mental health condition or impairment without an Appropriate Adult being present, inadmissible. Definition of an Appropriate Adult The 2016 Act and the 2019 Regulations define support for vulnerable persons as being to:- Help the person understand what is happening, and Facilitate effective communication between the person and the police. 11 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection An Appropriate Adult is a person who has undertaken specialist training for the role and has prior experience of working with adults who have a mental health issue, meaning disability, autistic spectrum disorder, dementia and/or acquired brain injury in relation to overcoming communication issues The role of the Appropriate Adult is to:- Help the person understand what is happening Facilitate effective communication between the person and police Identify how the person’s communication needs may impact on their understanding of proceedings Actively raise concerns about the individuals communication needs or welfare with the police or other relevant individual Ensure as far as possible that the person understands their rights Remain independent and objective at all times Have an awareness of police procedures Where applicable ensure as far as possible that the person is able to give informed consent to procedures Appropriate Adults should not: Provide legal advice or advise the person on how, or whether to answer questions Object to or intervene in any questions being asked by police except for the purpose of facilitating communication or assisting in understanding Be an employee of Police Scotland or a police officer Be a family member Have a conflict of interest i.e. current or on going professional or personal relationship with the individual Be used as to assist with a victim/witness and also the accused in the same case. Be left alone with the person or their friends and family members without police being present Be present during the discussion between the solicitor and the person in custody 12 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Police Procedures Decision to request an Appropriate Adult rests with police. When the services of an Appropriate Adult are employed, police should be present with them at all times when dealing with a witness or suspect. A suspect requiring an Appropriate Adult cannot waive their right to a solicitor being present during interview. Following any interaction, a statement must be noted from the Appropriate Adult and consideration must be given to seizing any notes made by the Appropriate Adult should they be relevant to the investigation. The procedures where we make use of the Appropriate Adult may include; Obtaining a statement from a victim or witness Conducting a suspect interview Arrest procedures Solicitor access procedures Caution and Charge Release on undertaking Fingerprinting, Photographing and DNA VIPER Strip Search Medical Examination Intoximeter House search or other procedures under warrant Any other legislative procedures under statute (assessment orders etc.) Criteria for Requesting an Appropriate Adult The criteria to be met where we would make use of an Appropriate Adult would be where a person in custody or victim/witness is unable to understand sufficiently what is happening or communicate with the police because of a mental disorder. In circumstances where a mental disorder diagnosis cannot be confirmed but it is clear that the individual cannot understand procedures or communicate effectively, then Appropriate Adult support must be requested. 13 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Mental health can be fluid and change relative to circumstances, so an individual who requires an Appropriate Adult on one occasion may not require such support if they come into contact with the police again. Similarly, an individual who has a mental disorder may not experience any communication or comprehension difficulties during the course of their contact with the police, so an Appropriate Adult may not be required. If assessed as required in the circumstances person declines this assistance, an Appropriate Adult should still be requested and given the opportunity to explain their role to the person. If, after meeting the Appropriate Adult, the person still refuses this service it is for the police to decide how to proceed. In all cases where consideration has been given to an Appropriate Adult but one is not used, the reason for this should be recorded by the police; i.e. the criteria for requesting an Appropriate Adult had been met however the person declined the support or; the criteria for requesting an Appropriate Adult had not been met Appropriate Adults do not provide support for children aged under 16, but should be used for 16 and 17 year olds who are deemed by certain legislation to be children while under the age of 18 (for example, under the Human Trafficking and Exploitation (Scotland) Act 2015), or are subject to Compulsory Supervision Orders, if they meet the definition of a “vulnerable person” as set out in the 2016 Act. If in doubt, get an Appropriate Adult out Protection of Vulnerable Groups The Protection of Vulnerable Groups (Scotland) Act 2007 was created as a result of the Bichard Enquiry, which focused on the Soham murders, where two young school pupils were murdered by their school janitor. During the subsequent enquiry it was established that potential warning signs and opportunities to prevent the accused from working within schools had been missed through procedural weaknesses. 14 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection The Protection of Vulnerable Groups Scheme which was introduced by the Act will help to ensure that those who have regular contact with children and protected adults through paid or unpaid work do not have a known history of harmful behaviour or acquire this after joining the scheme. This Act provides robust regulation and provides an avenue which allows for potential employers to determine who they should check in order to protect their client group. The Scheme is managed by Disclosure Scotland who are independent of the police. Their remit includes taking decisions on behalf of Scottish Ministers as to who should be barred from working with vulnerable groups and placed on the list. Who are Children and Protected Adults? A "Child" is defined as an individual under 18 years of age. A "Protected Adult" is defined as an individual aged 16 years or over who is provided with (and thus receives) a type of Care Support or Welfare Service. These can be described as:- Registered Care Services Support Services Adult Placement Services A Care Home Service Health Services Community Care Services Welfare Services. What Sort of Information will be of Interest? The Scheme relies on the police and other agencies ensuring that information is recorded and utilised in the appropriate manner. As an operational officer it is important that you recognise your part in this process. When someone is vetted as part of joining the Scheme, previous convictions, pending cases, no proceedings cases, fiscal fines, fixed penalties and SID logs are all considered by Disclosure Units' as part of their vetting procedures. 15 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Ultimately the police cannot refuse Scheme membership. This is a matter for the Scottish Ministers. The police merely act as one source of information for their consideration. During your training you should have by now established the importance of feeding intelligence into SID. Remember that information in your possession only becomes useful to others when you place it onto the appropriate databases. If a person is considered unsuitable to work with children or protected adults, they may be placed on one or both of the barred lists. This means that if a potential employer contacts Disclosure Scotland with a view to employing a person, they will be informed if this person is barred from working with vulnerable groups. In terms of Section 34 of the Protection of Vulnerable Groups (Scotland) Act 2007, it is an offence for a barred person to seek regulated work with children or protected adults. Under Section 35 of the Act it is also an offence for an organisation to permit such a person to undertake regulated work if they are aware of the barring. These offences are punishable by imprisonment. A person barred in Scotland will be also be barred throughout the UK and vice versa. Police intelligence is also important where someone is not barred. If an employer contacts Disclosure Scotland and the person the contact regards is not barred, the employer will still be provided with relevant convictions and/or intelligence. This can help the employer take an informed decision on whether the individual is the right person for the job they are offering. How Will You Know if Someone is on the PVG Database? All Protecting Vulnerable Groups (PVG) Scheme members and those on the barred list have their personal details and membership status recorded on a PVG database which is located at SPA and is linked directly to CHS. When you carry out a person’s check involving someone who is a subject of the Scheme, you will be made aware of their PVG status. The control room operator will be able to inform you if the person you are checking is known to the PVG scheme, and if so, whether they are a Scheme member (allowed to work) or barred (not allowed to work with vulnerable groups). Dependent on the incident, it may be appropriate to bring the circumstances of this check to the attention of Disclosure Scotland. You should do this by creating a SID entry for consideration of the Disclosure Unit. 16 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection For further information, use the resources shown below:- Adult Support and Protection SOP Appropriate Adults SOP Review: You can define the term ‘Adult at Risk’ You can define ‘Harm’ under the Act You can explain measures that can be adopted under this legislation You can outline the powers Police and Partner agencies have in connection with this legislation You can outline the offence of obstructing a person who is authorised to take action under this legislation You can state who can be an Appropriate Adult, what role they can play and when they would be required You can state the additional support needs and identify the actions to take to ensure the interview is fair You can explain the background of the Protection of Vulnerable Groups (Scotland) Act 2007 and the role of the police in this Act 17 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 11 Adult Protection Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 18 Protection and Wellbeing in Our Communities OFFICIAL