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Our scrutiny of approved welfare guardianship orders and visits to adults on guardianship

 

In 2009-10 we scrutinised 1,423 approved welfare guardianship applications. This was an increase of 32% over the numbers scrutinised in the previous year. As well as reading the approved applications and subsequent orders very closely, this scrutiny often involved seeking further information from the following sources to help us determine how best to fulfil our statutory duties. Those from whom we sought information included:

  • The mental health officer (MHO) involved in the application;
  • The supervising social worker or nominated local authority officer carrying out the role of the chief social work officer where he or she was appointed welfare guardian;
  • The adult with incapacity;
  • The adult's private guardian; and
  • Care providers for the adult with incapacity

As a result of this work we went on to visit 366 adults on welfare guardianship. The purpose of these visits was to assure ourselves that the Adults with Incapacity (Scotland) Act 2000 is being implemented in accordance with the principles of the legislation. It also allows all concerned an opportunity to meet with us, to raise any issues or concerns, and to ask us for information and advice.

The adults on guardianship we visited had incapacity caused by the following mental disorders:

  • Learning disability: 51%
  • Dementia: 18%
  • Autism spectrum disorder: 10%
  • Alcohol related brain damage: 8%
  • Acquired brain injury: 8%
  • Mental illness: 5%

As a result of our visits we followed up a number of issues in individual cases. We recorded 232 separate issues we followed up as a result of these visits. These were classified as relating to:

  • Placement: 24%
  • Activities: 16%
  • Legislation: 13%
  • Finances: 10%
  • Social work input: 9%
  • Communication issues affecting adult: 1%
  • Adult's mobility: 2%
  • Other (unspecified): 10%