Enhanced dementia practice for social workers and other professionals
SSSC, online learning resource

Rights, support and protection

This section:

• explores how the primary Scottish legislative frameworks support and protect people with dementia, their families and carers
• explores the Acts that are concerned with adults with mental disorder and their links and relationships
• incorporates a focus on rights, applying Alzheimer Scotland's Charter of Rights for People with Dementia in Scotland and carer's rights
• examines the role of the social worker in supporting people with dementia to be included, to exercise their rights and to be supported and protected
• includes lessons from recent relevant Mental Welfare Commission (MWC) publications, e.g. the Mrs V report.

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Mental Welfare Commission

In Scotland, there are several pieces of law that ensure people with a mental illness, learning disability or related condition get appropriate treatment and have their rights respected.

The Mental Welfare Commission (MWC) has duties under the Mental Health (Care & Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000. The MWC monitors the Acts to see how the law is being used and also helps professionals, people using services, and carers to understand the law and put it into practice. View these pieces of law on the MWC website.

Good practice guides can also be found within the wider MWC publications library including:

• Safe to wander
  Principles and guidance when considering the use of technology for people with dementia who wish to walk alone
• Rights, risks and limits to freedom
  A good practice guide relating to restraint and limits to freedom

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Equality Act (UK) 2010

This Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. This Act is relevant when considering provisions which must be made by law to advance this "equality of opportunity" for people with dementia. Dementia is respected within the protected characteristic of disability, which is itself defined in the Act as "a physical and mental impairment" which "has a substantial and long-term adverse effect on [a person's] ability to carry out normal day-to-day activities".

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Think Capacity, Think Consent

An interactive learning resource which will enhance your knowledge of how the Adults with Incapacity (Scotland) Act 2000 is applied in Acute General Hospitals, particularly in relation to capacity and consent to treatment.

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Alzheimer Scotland - Action on Dementia

Learn more about the public policy department of Alzheimer Scotland, which aims to: represent the views and interest of people with dementia and their carers to policy makers; influence public policies which have an impact on the lives of people with dementia and their carers; promote the need for high quality services for people with dementia and their carers.

There is free access to numerous Alzheimer Scotland publications, including:

• Lets get personal - personalisation and dementia Kinnaird, L. for Alzheimer Scotland, 2010

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Podcast: Institute for Research and Innovation in Social Services (now replaced by IRISS FM)

The IRISS Podcast is a channel which published audio recordings which were of benefit to the social services sector, in Scotland and abroad. Listen to the following recordings for an example of the rich information you can access here. (For new audio recordings from IRISS contributors, visit www.iriss.fm)

• Self-directed support and dementia in Scotland Henry Simmons, Alzheimer Scotland, on 'moving forward together' (recording from self-directed support event, 2011)
• Culture change and self-directed support: A clear vision Henry Simmons, Alzheimer Scotland, on 'Exploring culture change: Approaches and challenges' (recording, January 2013)

Also by IRISS:

Leading for outcomes: dementia

Exploring an outcomes-focused approach within the context of dementia.

The full reference for this guide is better suited to the "Personal Outcomes" section of this resource, but it is highlighted again here because part four, exercise nine, focuses on risk enablement.

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Social Care Online, by the Social Care Institute for Excellence

Social Care Online is the UK's largest database of information on social services. Searching on Social Care Online will deliver numerous results applicable to dementia care and support, including the following. When full text is unavailable, an abstract will be given.

• Parker, J. & Penhale, B. (1998) Forgotten people: positive approaches to dementia care. Aldershot: Ashgate.
  A professional and practical guide detailing social work interventions for people with dementia and their carers which uses case studies from practice situations to exemplify the usefulness and potential pitfalls of a range of different strategies.
• De Bellis, A. et al. (2013) Education on physical restraint reduction in dementia care: a review of the literature, in Dementia, 12(1), 93-110
  A literature review featured in Dementia, an international peer reviewed journal, which you can access through OpenAthens using your NHS Athens account.

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Nothing Ventured, Nothing Gained: Risk Guidance for people with dementia
Department of Health, 2010 (England)

Provides guidance on best practice in assessing, managing and enabling risk for people living with dementia. It is based on evidence and person-centred practice and within the context of Living well with dementia; a national dementia strategy (England, 2009) and Putting People First (England, 2007). This guidance is aimed at commissioners and providers in health and care across all sectors. Although referring to providers in England, you will nevertheless find important information which will help guide your practice.