FOI Request - Guardianship and Intervention Orders
1. What the average timescale is for Moray Council to process guardianship and intervention orders (both welfare and financial powers) and whether this timescale adheres to the deadlines as set out in the Adults with Incapacity (Scotland) Act 2000.
2. How many applications for guardianship and intervention ordes (both welfare and financial powers) have been processed by Moray Council in each of the last three years.
3. How many applications for guardianship and intervention orders (both welfare and financial powers) took more than 21 days to process.
4. How many mental health officers have been employed by Moray Council in each of the last three years.
I was appointed as the Adults with Incapacity Administrator on 2 June 2013 and therefore only have records of Guardianship applications since that date.
1. Since 2 June 2013 to the present day the average timescale for Moray Council to process the applications for Guardianships and Intervention Orders ie. from receiving the initial referral form to the Guardianship/Intervention Order being granted is 16 weeks.
2. 2013 -(from 2 June 2013)
Local Authority Intervention Order - 4 applications
Local Authority Welfare & Financial Guardianships - 2 applications
Local Authority Welfare Guardianship - 1 application
Local Authority Intervention Order - 5 applications
Local Authority Welfare & Financial Guardianships - 4 applications
Local Authority Welfare Guardianships - 6 applications
2015 -(to date)
Local Authority Intervention Order- 4 applications
Local Authority Welfare & Financial Guardianships - 3 applications
Local Authority Welfare Guardianships - 7 applications
3. I am unsure to as what 21 day timescale you are referring to. As per the Adults with Incapacity (Scotland) Act 2000 the GP's report, the Section 22 Consultant Practitioner's report and the Mental Health Officer's report require to be lodged with the Sheriff Court within 30 days of the first assessment. The Legal Team will always meet that timescale. The clients we deal with have lost capacity so we often have difficulty gathering financial information.
4. Mental Health Officer's employed:
2013 - 12 MHO's
2014 - 14 MHO's
2015 - 12 MHO's