Bill Brackenridge                                                   Argyll and Bute APC Convenor
Hugh Clark                                                            Inverclyde APC Convenor
Jim Cameron                                                        South Lanarkshire APC Convenor
Margaret Wells                                                      Angus APC Convenor
John Pears                                                            East Dunbartonshire APC Convenor
Christina Naismith                                                 Care Inspectorate
Detective Chief Inspector Alex Dowall                 Grampian Police
Graham Vance                                                     Scottish Business Crime Centre
Brian Smith                                                           Trading Standards Institute
Susan Carr                                                            NHS Grampian
Paul Comley                                                         National Adult Protection Co-ordinator
Paul Davidson                                                       SPS
Ruth Parker                                                          SPS
Colin Grieve                                                          Chief Fire Officers Association Scotland
George Kappler                                                    MWC
Sandra McDonald                                                 OPG
Garrick Smyth                                                                  COSLA
Raymond Bell                                                       Glasgow City Council
George Meechin                                                   Angus Council                                                
Phyllis Wright                                                        Dumfries and Galloway Council
Joanna Keating                                                     Scottish Government (chair)
Joanne Boyle                                                        Scottish Government
Susan Edmondson                                               Scottish Government
Alison Taylor                                                         Scottish Government
Gill Scott                                                               Scottish Government
Mary Notman                                                        ADSW
Linda Cockburn                                                    Crown Office
Shaben Begum                                                     SIAA
Selina Clinch                                                         HIS
David Cumming                                                    Care Inspectorate
Catriona Laird                                                       National Child Protection Coordinator
Malcolm Stewart                                                   ACPOS
1. Welcome and introductions
1.    Joanna Keating  Scottish Government welcomed everyone to the meeting.
2. Minutes of previous meeting and action point update
2. The minutes were amended at paragraph twelve by replacing East Renfrewshire with Dunbartonshire and were subsequently agreed. The Crown Office paper on adult protection has still to be agreed by the Lord Advocate and will be shared once this has taken place. Joanna Keating confirmed that the Scottish Government has taken legal advice on the duties conferred on SPS under the ASP Act and that this would be discussed under Agenda item 7. 
Action 1. Linda Cockburn will share the Crown Office paper on adult protection once the public version is available.
3. Scottish Government Update
2. Joanna Keating gave an update on the workstream tracker.   Paul Comley  National Adult Protection Co-ordinator also explained that he had recently met with the lead researcher who was working on the revised ASP Code of Practice and the researcher thanked everyone that had participated in the process. The main themes requiring amendment were the 3 part test, lifestyle, self harm and financial harm.   He confirmed that the final draft would be submitted to SG next week.
Action 2. Paul Comley will submit draft ASP Code of Practice to Scottish Government
4. Financial Abuse
4.  Joanna Keating thanked Brian Smith from Angus Council Trading Standards and Trading Standards Institute lead officer for crime and disorder and Graham Vance  from the Scottish Business Crime Centre for coming along to speak to the forum on financial abuse.  Brian Smith said that he had attended a meeting in Londonwith all the major banks and other financial institutions.  The group had been set up following a meeting between a Senior Executive at Lloyds Bank and the Prime Minister and was looking at developing a UKwide protocol focussing on people experiencing dementia who are affected by financial abuse where the industry is implicated in some way.  Brian Smith stated that the intention of the group was to produce a first draft protocol in 18 weeks and he was happy to take the Scottish perspective to these meetings.  Graham Vance spoke about the Adult at Risk of Financial Harm conference which was the first conference of its kind being set to devise a strategy on how best to protect adults at risk who may be subjected to financial abuse.  The general view from the conference was that there was a lot of good work going on but there currently was no platform in relation to the strategic co-ordination and sharing of best practice across Scotland. 
Action 3. Joanne Boyle to take this issue forward as one of the five National Priorities.
5. The Impact of Health and Social Care Integration on adult protection
5. Alison Taylor and Gill Scott from Integration and Reshaping Care thanked the group for allowing them to attend the meeting to provide information regarding the Integration of Adult Health and Social Care in Scotland, and to discuss how this might impact on adult protection.  The Scottish Government wants to change the way in which NHS Scotland and Councils work together, and with the third and independent sectors to plan and deliver adult health and social care services.   SG has recently carried out a consultation asking for views on new legislation that will be introduced in order to enable the changes that the Ministers propose.  A report on the responses to the consultation is currently being prepared and this will be published on the Scottish Government website.  Joanna Keating thanked them for bringing this to the attention of the forum and suggested that it was perhaps not the right point in the process for the group to contribute at the stage the consultation was at.  Joanna Keating suggested that when the response to the consultation was available and Bill proposals were developed, the forum may wish to act as a focus group to discuss how the changes may affect adult support and protection. 
Action 4. Scottish Government to ensure that a copy of the report is forwarded to the members of the forum to consider.
6. Welfare Reform
6. George Meechan the Welfare Rights Manager at Angus Council gave a presentation on Welfare Reform and explained that the UK Welfare Reform Act 2012 will introduce significant changes to the welfare system.  Although welfare is a reserved matter for UK Government, some measures impact on devolved services delivered by the Scottish Government and local authorities such as Health, Social Care and Housing.  The changes to the way benefits are claimed and paid may impact and have worrying consequences within adult support and protection.   
 7. Adult Protection in Prisons
7.  Joanna Keating confirmed that the legal advice which had been obtained from Scottish Government lawyers was that, because SPS is the Crown and the ASP Act does not bind the Crown, then the ASP Act does not apply to the prison service.  Action 5. Paul Comley will meet with SPS and discuss how to take this issue forward.  SPS’direction of travel with ASP is not to create new services in prison for ASP, but rather consider how to match its existing offender management processes to community ASP processes.
8. Care Homes
8.  The APC Convenors had asked that Care Homes be added to the Forum agenda to highlight their concerns.  Joanna Keating confirmed that adult protection in nursing homes and care homes was one of the five national priorities which would be taken forward now that Joanne Boyle was in position. 
Action 6. Joanne Boyle to take this issue forward as one of the five National Priorities
9. Update on adult protection activity from Policy Forum members
  • Colin Grieve, CFOAS  confirmed that Assistant Chief Officer Lewis Ramsay had been appointed Director of community safety for the new Scottish Fire and Rescue Service.   
  • Detective Chief Inspector Alex Dowall said the police would also be announcing national leads in the near future. 
10. Forced Marriage Protection Orders
10. Joanna Keating thanked Raymond Bell Glasgow City Council for the paper on forced marriage protection orders which he had promised that he would share with the group at a previous meeting.   
11. AOB
11. Raymond Bell had requested that Scottish Government obtain the Procurators Fiscals guidance on banning orders and circulate it in advance of the meeting.



12. Date and location of next meeting


2.    The next meeting will be held on 13 February 2012 in 4ER St Andrews House, Edinburgh EH1 3DG.   

Mental Health Legislation and Adult Protection Policy Team
November 2012

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