Geographical variations in the use of welfare guardianship
Our interest in these figures
We have reported over the years on the variation in the use of guardianship from one local authority area to the next. The variation can be seen in both private and local authority generated orders. Local authorities have a duty under Section 57(2) to take forward applications for guardianship wherever necessary when no-one else is, or is likely to make an application. While the reasons for these differences are complex, relevant local authority staff should review this data to help ensure that the Act is being used where necessary both to safeguard the welfare and property of adults with incapacity and to assist relatives and carers.
What we found
The above table shows the continuing variation in the use of welfare guardianship both by local authorities and private individuals in different council areas. Approved orders ranged from 4 per 100,000 in City of Edinburgh to 37 per 100,000 in Highland Council, with the Scottish average being 10 per 100,000. Private applications ranged from 6 per 100,000 in City of Edinburgh to 29 per 100,000 in Angus.
The dramatic change in the use of welfare guardianship (both private and local authority generated) compared with the previous year is very striking in certain areas. This was evident in West Dunbartonshire (+ 122%), South Lanarkshire (+110%), Highland (+68%), Dundee City (+67%), and Argyll and Bute (+63%). Edinburgh, however, had a fall of 33% in the number of new orders.
Such volatility has obvious implications for workforce planning, especially in respect of demand on Mental Health Officer resources within local authority areas. While there continues to be a fall in the percentage of orders where the local authority was the applicant, relative to private applicants, this is at a much smaller rate than in the previous few years. Although the actual number of local authority applications this year was higher than the previous year, they still accounted for only 36% of approved orders.
Annual reports
- directors introduction
- overview of the Mental Health (Care & Treatment) (Scotland) Act 2003 introduction
- new orders granted in 2008-09
- total numbers of 2003 Act orders in existence
- monitoring our priority areas
- additional findings from our monitoring of mental health law
- our overview of the use of the Adults with Incapacity (Scotland) Act 2000
- our overview of the use of Adults With Incapacity (Scotland) Act 2000
- trends in the use of welfare guardianship
geographical variations in the use of welfare guardianship
- causes of incapacity in guardianship
- age of adults at point of welfare guardianship order approval
- length of welfare guardianship orders granted
- consent to medical treatment (part 5 AWI)
- our scrutiny of approved welfare guardianship
- welfare guardianship for adults under 25
- proposals for legislative change