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Decisions about technology: principles and guidance on good practice when considering the use of telecare and assistive technology for people with dementia, learning disability and related disorders
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2015
- Pagination:
- 23
- Place of publication:
- Edinburgh
This guidance is for those considering the use of technology to assist with care and maintain independence when the individual concerned may lack the capacity to make the decision. It examines the human right and legal implications of assistive technology and sets out key principles of good practice. These are: the intervention must provide a benefit that cannot otherwise be achieved; it must be the least restrictive in relation to the person’s freedom in order to achieve the desired benefit; the past and present wishes of the person must be taken into account; the views of relevant others should be taken into account; and the intervention should encourage the person to use existing skills and develop new ones. The document examines the use of electronic location devices and the use of CCTV to monitor the actions of an adult or of staff. A brief overview of assistive technology currently available is also included. (Edited publisher abstract)
AWI Act monitoring 2013/2014
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2014
- Pagination:
- 32
- Place of publication:
- Edinburgh
An annual statistics report on the use of the Adults with Incapacity (Scotland) Act 2000. The report examines the geographic variations in the use of welfare guardianship, the age and diagnosis of people placed on guardianship, the duration of guardianship orders applied for by applicant, variations in indefinite orders by age and diagnosis, and geographic variations in orders approved on an indefinite basis. It shows that the number of new and existing orders continued to rise although there was a further significant reduction in the granting of orders on an indefinite basis. The percentage of orders granted where the cause of the adult’s incapacity was dementia fell to 45 per cent, down from 46 per cent the previous year. Conversely, there was an increase from 41 per cent to 44 per cent of orders where the incapacity was caused by a learning disability, reflecting a continuing trend over the past several years where welfare guardianship is being used for an increasingly younger population. (Edited publisher abstract)
Consenting adults?: guidance for professionals and carers when considering rights and risks in sexual relationships involving people with a mental disorder
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2010
- Pagination:
- 40p.
- Place of publication:
- Edinburgh
Sexual expression, sexual relationships, marriage and children are a natural and expected part of a person’s life experience. People with a mental illness, learning disability or other mental disorder, have the same personal and sexual needs and rights as anyone else. At the same time people with a mental disorder can be at particular risk of abuse or exploitation. Balancing those rights and risks raises a host of legal and moral dilemmas. This guidance has been produced in response to the legal, ethical and practical issues concerning sexual relationships involving adults with a mental disorder. It is intended to provide a framework for discussion of the general issues that need to be considered when assessing risk and considering the need for intervention in a person’s sexual life. In assessing and deciding on the need for intervention, this guidance looks at a number of significant questions for practitioners. These include: assessment of capacity; issues of consent; knowledge of the person’s background and past and present wishes; the nature of the mental disorder; different forms of sexual expression; potential risks as against benefits; staff attitudes, knowledge and training; assistance given by staff; family attitudes; cultural and religious beliefs; the person’s living situation; statutory duties and professional and organisational responsibilities to investigate, including issues of confidentiality and disclosure; and intervention that may be required.
Focussed visits 2013: summary of recommendations and outcomes from focussed visits 2013
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2015
- Pagination:
- 19
- Place of publication:
- Edinburgh
This report identifies the main issues raised following focussed visits to 96 different services (eg hospitals, care homes and prisons) carried out between January 2013 and December 2013. The visits aim to identify individual concerns; assess whether the requirements of legislation are being met; and assess the facilities for individuals' care. A total of 339 recommendations were made relating to these visits. These were grouped into the categories of: Assessment, care planning and review, person-centred care; Adults with Incapacity (Scotland) Act 2000; The physical environment; Therapeutic activity; Mental Health (Care and Treatment) (Scotland) Act 2003; Medication; Restrictions. Some specific examples of where improvements have been made are also highlighted. (Original abstract)
Powers of attorney and their safeguards: an investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 20p.
- Place of publication:
- Edinburgh
Mr and Mrs D, a couple with mild learning disabilities, suffered years of abuse at the hands of their power of attorney, Mr E. Mr and Mrs D gave Mr E power of attorney to manage their finances and welfare in December 2003. This was allowed to happen despite evidence of emotional and financial exploitation of Mr and Mrs D by Mr E. Between 2003 and 2009 there were over 40 records of concern about how Mr E was interacting with Mr and Mrs D and managing their finances and welfare. The local authority and the Office of the Public Guardian (OPG) looked into the actions of the attorney. However, it was left to the couple to revoke the powers themselves, despite evidence that they were afraid of the attorney. Mr and Mrs D eventually revoked the power of attorney in June 2009 with support from independent advocacy and another family member (Mr F). This investigation looks at what action was taken by health and social work services when they believed that the powers of attorney were not being used correctly. It also examines the process of the granting of the power of attorney in December 2003. It concludes that there were fundamental problems with understanding the legislation. Practitioners of all disciplines needed a better understanding of the meaning of ‘incapable of acting’ and the problems that arose because of undue influence.
Consenting adults? Guidance for professionals when considering rights and risks in sexual relationships involving people with a mental disorder
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 44p.
- Place of publication:
- Edinburgh
- Edition:
- Rev. ed.
The Mental Welfare Commission for Scotland is an independent organisation working to safeguard the rights and welfare of people with mental illness, learning disability or other mental disorder. This guidance was produced in response to legal, ethical and practical issues concerning sexual relationships raised with the Commission in its work with people with mental disorder and those involved in their care. The guidance is intended to provide a framework for discussion of issues that need to be considered when assessing risk and considering the need for intervention in a person's sexual life. It covers the legal framework, capacity to consent, significance of a person's diagnosis, sexual risks arising from a person's mental disorder or social situation, staff knowledge and attitudes, family attitudes, cultural or religious values, the living situation and support and protection, statutory investigative duties, intervention following investigation, and legal interventions.