Adults with Incapacity team

This team was the first of its kind in Scotland. It was set up to address the complex demands of the Adults with Incapacity(s) Act 2000, in relation to protecting the rights, property and welfare of incapable adults.

The team

All staff within the team are mental health officers. This means they are specially trained social workers, who have experience and expertise in working with people who have a mental disorder. The team have a responsibility to advise carers, and other professionals on such issues as Guardianship, Powers of Attorney, and Intervention Orders.

It is also a duty of the team to conduct s10 Investigations where there is an allegation of neglect or abuse relating to an adult with incapacity. The team now provide services under the Mental Health(s) Act 2003, in relation to emergency, short term, and compulsory treatment orders. In addition to this they provide an enquiry service under s33 of the act in respect of the welfare, finances and property of people with a mental disorder.

Supervision functions

The team have a duty to supervise anyone who has been appointed as a guardian, or anyone who is subject to a welfare guardianship. In addition, locally, the team will act as designated mental health officers to those who have been subject of a statutory order.

Complaints/ Suggestions

Should you wish to complain or make suggestions to improve the service, please contact Martin Murray, Incapacity & MHO Manager, Lomond House, Livingston Tel: 01506 775921 Email: martin.murray@westlothian.gov.uk

Mental health officer

A mental health officer is a qualified social worker with a minimum of two years post qualification experience. To become accredited, they must complete a further year?s study on Mental Disorder, and the law in relation to this issue.

A mental health officer has a range of statutory duties under such as mental health (Care & Treatment)(s) Act 2003 and Adults with Incapacity(s) Act 2000. For instance a person cannot be detained in hospital without the consent of a M.H.O. (Mental health officer).

Mental disorder

A mental disorder is any condition which affects the brain in a negative way. Mental disorders range from mental illness such as schizophrenia, to dementia and brain damage. A learning disability, while not a mental illness, is classed as a mental disorder. Within the 2003 Act, Personality Disorder (of any type) is viewed as a mental disorder.

Powers of attorney

A power of attorney can be granted by one adult, who has capacity to another to allow them to act on their behalf. This can cover welfare (relating to personal issues), financial (relating to money or property) or both. The person must be registered with the Office of Public Guardian (new window) (O.P.G.) in Falkirk.

Guardianship

This is a legal order which allows the Court to grant powers over an adult (someone over 16), who lacks capacity (an ability to act, understand, or retain the memory of decisions). The order can only contain powers specifically requested. These can be imposed for welfare or financial matters or even both. A guardian can either be an individual, or the local authority, and guardianship can last from one year to an indefinite period.

s10 Investigations

This imposes a duty of action on councils to investigate where an adult with incapacity is at risk or is allegedly being abused or exploited. The office of the public guardian have the same duty in relation to financial matters. The AWI team negotiated the first concordant which allows information to be exchanged in relation to investigations. This is now the standard approach across Scotland, as a consequence of its success.

Adult with incapacity

An adult is anyone over 16 years. This is a chronological, rather than functional age. Anyone who, as a result of a mental disorder, lacks an ability to act, understand, or retain the memory of decisions, is classed as lacking capacity. This also includes anyone who has no ability whatsoever to communicate. A Consultant Psychiatrist verifies this status after assessment.

Mental health (Care & Treatment)(s) Act 2003

This is the main legislation in Scotland in relation to mental disorder. It was enacted in October 2005.

Emergency orders s33

An emergency order allows admission to hospital for up to three days to assess someone?s mental state. This requires the consent of a mental health officer to the application by a doctor.

Short term order s44

A short term order can either follow a s33 emergency order or be used alone to admit someone to hospital from the community. While the consent of a mental health officer is still required, the doctor involved must be either a consultant or specialist registrar in psychiatry. It lasts up to 28 days.

Compulsory treatment orders s64

A compulsory treatment order (C.T.O.) allows for either admission to, or detention in, hospital. If a person is already in hospital, the order can be used to continue it. If not in hospital, it is possible to either admit them directly under the order, or to impose services on them in their own place of residence. To obtain a C.T.O., it is necessary for the mental health officer (M.H.O.) to apply to a tribunal.

Tribunal

This system replaced the Sheriff Court as the decision making body in October 2005. A tribunal consists of three members. A chairperson, who is a lawyer, a medical member (a psychiatrist), and a general member (often a social worker, nurse, occupational therapist or carer).