Our recommendations for safeguarding young people on welfare guardianship
Chief Social Work Officers should:
1. Review the findings of this report and audit governance arrangements in respect of the statutory functions of responsible officers and supervising officers under the Adults with Incapacity (Scotland) Act 2000. This audit should examine:
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supervisory arrangements for responsible and supervising officers;
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recording arrangements, including use of templates/pro formas;
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information provided to private guardians outlining their statutory responsibilities, what the local authority supervisor will expect of them and what they can expect from the local authority supervisor;
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procedures for delegating statutory powers and duties to other parties;
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provision of information to care staff on legal status of adults placed in care, including the powers granted under the order, the names and contact details of private guardians, responsible officers and supervising officers and when they should be contacted;
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quality assurance procedures for MHO reports prepared as part of application for welfare guardianship;training for all staff undertaking statutory duties under the 2000 Act;
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access to relevant Codes of Practice for all staff undertaking statutory duties and functions under the Act.
2. Review the process of transition of young people with learning disability to adult services with a focus on addressing the legal status of young people as they turn 16 and any action that may need to be taken either by family or the local authority to underpin key aspects of future care plans. The involvement of MHOs in providing advice and assistance in this respect should be built into the process.
The Social Work Inspection Agency should:
Review the findings of this report to determine its potential relevance to future inspections/regulatory processes.
Programme leaders for MHO training courses should:
Ensure that course content includes information on the statutory duties and functions of local authority supervising and responsible officers under the Adults with Incapacity (Scotland) Act 2000.
The Mental Welfare Commission should:
Review its routine provision of information to private guardians to ensure this information is received and its content understood.
Scottish Ministers should:
Review current provisions in the Adults with Incapacity (Scotland) Act 2000 for judicial review of financial and welfare guardianship orders to ensure compliance with human rights legislation and consistency with approach taken under the Mental Health (Carte and Treatment) (Scotland) Act 2003.
