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Review of the implementation of Part 5 of the Adults with Incapacity (Scotland) Act 2000
 — a qualitative study of implementation and early operation
Author(s)Shirley Davidson, Heather Wilkinson, Gordon Urquhart
Corporate AuthorScottish Executive Social Research
PublisherScottish Executive Social Research, Edinburgh, 2004
Pages101 pp
SourceThe Stationery Office Bookshop, 71 Lothian Road, Edinburgh EH3 9AZ. E-mail: socialresearch@scotland.gsi.gov.uk Website: http://www.scotland.gov.uk/socialresearch
KeywordsMental disorder ; Medical care ; Services ; Law ; Qualitative Studies ; Scotland.
AnnotationThe Scottish Executive commissioned the Centre for Research on Families and Relationships in partnership with the University of Stirling Department of Nursing and Midwifery to carry out a qualitative study into the early implementation of Part 5 of the Adults with Incapacity (Scotland) Act 2000 and its related Code of Practice. After Part 5 and the Code had come into effect, healthcare professionals and others expressed concerns about the procedures, particularly the completion of certificates under section 47 and the additional workload implications. This report outlines Part 5's operational impact, and explores not only levels of awareness of its provisions, but also the views of stakeholders. It includes information about training on the Act in four case study areas; and relates the experiences of practitioners from health and local authority sectors. Themes emerging from the interview data include: definition of "treatment", lawful authority, bureaucracy, good practice, next-of-kin consent, assessment of capacity, training, general practitioners, and dental treatment. Findings from interviews with 4 carers indicate a low level of awareness of Part 5. Conclusions incorporate study participants' suggestions. (RH).
Accession NumberCPA-040901209 A
ClassmarkE: LK: I: VR: 3DP: 9A

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