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Adult Support and Protection

Adult Protection Committee

Under the Adult Support and Protection (Scotland) Act 2007 each council must establish an Adult Protection Committee (APC); duties are listed in the Act at S42;

(a) to keep under review the procedures and practices of the public bodies and officeholders to which this section applies which relate to the safeguarding of adults at risk present in the council’s area (including, in particular, any such procedures and practices which involve co-operation between the council and other public bodies or office-holders to which this section applies),
(b) to give information or advice, or make proposals, to any public body and officeholder to which this section applies on the exercise of functions which relate to the safeguarding of adults at risk present in the council’s area,
(c) to make, or assist in or encourage the making of, arrangements for improving the skills and knowledge of officers or employees of the public bodies and officeholders to which this section applies who have responsibilities relating to the safeguarding of adults at risk present in the council’s area,
(d) any other function relating to the safeguarding of adults at risk as the Scottish Ministers may by order specify.

It is for the council to appoint the independent chair and other members and this must include the public bodies listed in S42; council, NHS, police, Care Commission and others as may be specified by the Scottish Government. S43 then states;

The council may also appoint as Committee members such other persons who appear to it to have skills and knowledge relevant to the functions of the Adult Protection Committee.

The Committee convener must not be a member or officer of the council. And, at S43; Mental Welfare Commission and Public Guardian may attend meetings.

It is for the APC to regulate its own procedures and public bodies must provide information to the APC to allow it to carry out its functions. A biennial report to Ministers and others must be provided by the APC convener.

The ‘Code of Practice’ and ‘Guidance for Adult Protection Committees’ inform the workings of the APC.

Ann Clark was appointed as independent convener of the South Ayrshire APC in September 2009.

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