Investigative Interview (Visit)
2.1 The Council Officer may be assisted in the Investigation by appropriately qualified and trained staff from either within Dumfries and Galloway Council or from partner agencies.
2.2 Section 7 allows the Council Officer to enter any place to carry out necessary investigations. In many instances this will mean visiting the place where the adult normally resides, for example:
- the adult’s home, including rented and owner occupied accommodation
- the home of any relative, friend or other with whom the adult resides
- supported or sheltered accommodation staffed by paid carers
- temporary or homeless accommodation
- a care home or other permanent residential accommodation
Also, any place can also be where the adult is residing temporarily, or spends part of their time, for example:
- a day centre
- a place of education such as a school, college, university
- a place of employment or other activity
- temporary respite or permanent residential accommodation
- a hospital or other medical facility
- private, public or commercial premises
2.3 The Council Officer is allowed access to all parts of the place visited which might have a bearing on the Investigation. This includes access to any adjacent places such as sheds, garages and outbuildings. If this is where the adult normally resides, this could include all areas used by or on behalf of the adult such as sleeping accommodation, toilet and bathing facilities, kitchen areas and general living space.
Refusal of Entry - Warrant Application
2.4 Where a Council Officer is refused entry to the premises to conduct the Investigation, the council can make application to the Sheriff to seek a Warrant of Entry under section 37. In the first instance and in accordance with the principles of the Act, there is a need to consider how entry may be achieved without the need for an application for a warrant. An application should only be made where there is evidence of no suitable alternative or the alternative fails.
2.5 A Warrant for Entry authorises a Council Officer to visit any place specified in the warrant accompanied by a Police Officer. If the Council Officer needs to open any lock fast place, it is the responsibility of the council, in most cases the Council Officer, to take all reasonable steps to ensure that the person’s property and premises are left secured, and consideration must be given to the use of a joiner to assist with entry and securing premises.
The Adult’s Participation
2.6 The adult’s views and wishes are central to the Act and every effort should be made at each stage of the process to ensure that barriers to participation are minimised. Good practice would be to check at each stage in the process that the adult’s views are being actively considered. Where undue pressure is suspected the adult should be interviewed on their own. More information can be found within the Mental Welfare Commission for Scotland Supported Decision-Making.
Support Services
2.7 Section 6 places a duty on Dumfries and Galloway Council to consider the provision of appropriate services. This would include independent advocacy services or inclusive communication services to assist an adult or other person in the household to have their views heard.
2.8 Other services are not defined in the Act, but consideration should be given to practical and emotional support provided by other professional workers.
Role of Advocacy Services
2.9 Independent advocacy aims to help people by supporting them to express their own needs, gain access to information, understand the options available and make their own informed decisions. Unlike the Mental Health (Care and Treatment) Scotland Act 2003 where advocacy is a requirement - the ASP Act states that advocacy should be considered in every case. Good practice would be that the adult should be asked if they know about and would like access to advocacy services. Where advocacy is offered, declined by the adult or deemed inappropriate, the reasons for this should be clearly recorded.
2.10 Dumfries and Galloway Advocacy Service provide a free, independent and confidential advocacy service.
Communication Difficulties
2.11 Social Work Services will ensure that the adult is provided with assistance or material appropriate to their needs to enable them to make their views and wishes known. The communication needs of the adult should be considered and the adult should be asked what support if any they wish. This may include:
- assistance from a relative or primary carer
- technical aids to support communication
- information being interpreted, translated or adapted
- taking account of environment - for example, noise levels, lighting
2.12 A leaflet explaining harm is available in an easy read version.
2.13 In addition, the Office for Disability has guidance on accessible communication formats.
Interviews During Investigation
2.14 The purpose of an interview is to enable or assist the council with an Investigation under Part 1 of the Act, about the source, nature and level of any risk to the adult and also to establish whether action is needed to protect the adult. The aims the interview will be to:
- establish if the adult has been subject to harm
- establish if the adult feels his or her safety is at risk and from whom; and
- discuss what action, if any, the adult wishes or is willing to take to protect him or herself
- ensure the adult knows why ASP measures have commenced
- explain to the adult what will happen next
2.15 Officers conducting interviews need to ensure appropriate recording of the content of the interview, the decisions and appropriate explanations as to who is present.