The Social Work (Scotland) Act 1968 was amended in March 2007 to give local authorities the legal authority to make major decisions for adults with incapacity, including a move to a care home, without the need for Guardianship, as long as everyone including the adult was in agreement. Although many local authorities including Highland had been doing this for some years, the change in the law has clarified the position.
Guidance was issued by the Scottish Government on 31 March 2007 giving advice and a suggested procedure to ensure that any decision to move an adult without Guardianship is properly made and recorded.
The Highland Guardianship procedures have been revised to take account of the change in the law and to reflect the Guidance. Please note that the Case Conference Form should be completed and returned to the AWI Database Holder with a copy to the Project Manager (Mental Health and Learning Disability) for every case conference, whether or not Guardianship is being proceeded with.
The AWI database is held and maintained by Jemma McLevy. Any comments or queries should be addressed to Karin Campbell.