eSAY National Learning Disability and Autistic Spectrum Disorder Dataset V4.0 Map

 

Legal Status

Description : A particular status, usually sanctioned by the courts or by the children’s hearing system in relation to the person in order to ensure their protection and/or the protection of others.

 

Purpose : Integral to many individualised records. Aggregated data may be used to monitor policy developments such as implementation of ‘adults with incapacity’ regulations.

 

Recording Guidance : More than one status can apply at any one time, and all relevant categories should be recorded. A person’s circumstances may change over time and, as such, each legal status should be associated with a start and end date.

 

Codes: Social Care Data Standards Project

Code

Value/Definition

00

None

01

Looked after child

 

As defined by the Children (Scotland) Act 1995, a child is looked after if they are:

  • Provided with accommodation by local authorities under section 25 of the Act
  • Subject to supervision requirements following a children’s hearing
  • Subject to an order, warrant or authorization under which the local authority has responsibilities as respects the child

 

A. The child is looked after at home
B. The child is accommodated by the Local Authority
C. Parental Responsibilities order
D. Other

 

02

Mental Health (Scotland) Act 1984

 

The 1984 Mental Health (Scotland) Act allows for a person’s detention in hospital if it is thought necessary for the person’s own health or safety, or for the protection of other people.

A. Emergency Detention
B. Short term detention
C. Long term detention

03

Mental Health Care and Treatment (Scotland) Act 2003

 

Ensures service provision and safeguards relating to the care and treatment of people with mental health problems.

A. Emergency Detention
B. Short term detention
C. Compulsory Treatment Order

04

Adults with Incapacity Act (2000)

 

The 2001 Act changes the system for safeguarding the welfare, and managing the finances and property of adults (aged 16+) who lack the capacity to take some or all decisions for themselves because of ‘mental disorder’ or inability to communicate by any means. It allows other people to make decisions on behalf of these adults subject to safeguards.

All decisions made on behalf of an adult with impaired capacity must: benefit the adult; take account of the adult’s wishes and the wishes of the nearest relative or primary carer, and any guardian or attorney; restrict the adult’s freedom as little as possible while still achieving the desired benefit; encourage the adult to use existing skills or develop new skills.

A. Power of welfare attorney
B. Power of continuing attorney
C. Intervention order
D. Access to funds
E. Management of funds of residents in care establishments
F. Guardianship

05

Criminal justice legislation

A. Diversion from prosecution
B. Supervised attendance order
C. Probation order
D. Community service order
E. Serving a custodial sentence
F. In custody awaiting trial (on remand)
G. Appropriate adult requirement

 

98

Other

99

Not Known

 

 

Go back to the eSAY Database Help Page