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7 - IJB MWC Authority to Discharge Update

North Ayrshire Council · 20 October 2022
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Integration Joint Board
20 October 2022
Subject : Mental Welfare Commission Report - Authority to
Discharge
Purpose : To provide an update on progress of the North Ayrshire Health
and Social Care Partnership in relation to the action plan
developed in response to the Mental Welfare Commission –
Authority to Discharge Report (May 2021).
Recommendation : IJB members are asked to note the report and the NAHSCP
response to the recommendations. 
Direction Required to
Council, Health Board or
Both 
Direction to :- 
1. No Direction Required X
2. North Ayrshire Council 
3. NHS Ayrshire & Arran 
4. North Ayrshire Council and NHS Ayrshire & Arran 
Glossary of Terms 
NHS AA NHS Ayrshire and Arran
HSCP Health and Social Care Partnership
MWC Mental Welfare Commission 
1. EXECUTIVE SUMMARY
1.1 This report presents the progress made by the NAHSCP in relation to the action plan
developed following receipt of the MWC Authority to Discharge report which was
issued on 20 May 2021. 
The full report can be accessed here: 
AuthorityToDischarge-Report_May2021.pdf (mwcscot.org.uk) 
2. BACKGROUND
2.1 As highlighted in the previous paper presented to the IJB on 21st October 2021, the
Mental Welfare Commission (MWC) has specific legal duties in relation to
safeguarding the rights of people who are subject to the welfare provisions of the
Adults with Incapacity (Scotland) Act 2000 (AWI Act) and has a statutory safeguarding
role in respect of adults whose capacity to made decisions or take actions to promote
or safeguard their welfare is impaired due to a mental disorder.  During the pandemic
a number of stakeholders raised concerns with the Commission regarding whether
the appropriate legal authority was used to safeguard people being discharged from
hospital to care homes who did not have the capacity to make an informed decision

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to agree the move. These discharges are made under the powers of Section 13ZA of
the Social Work (Scotland) Act 1968. 
2.2 The Commission therefore carried out a review of the practice with specific reference
to moves from hospital to care homes from 1 March 2020 to 31 May 2020 supported
by information from HSCPs across Scotland on the moves during that period.  The
Commission then made further inquiries as to the rights-based practice and legal
authority supporting the moves. The focus of this work was to identify any learning
and to ensure that this learning takes place, where required, to support and uphold
the rights of individuals. 
2.3 The commission made 11 recommendations to be considered by HSCPs and the Care
Inspectorate. In response and as agreed at the IJB in October 2021, a local focussed
action plan was developed, and work undertaken to ensure improved processes and
sustained good practice. 
3. PROPOSALS 
3.1 In responding to the recommendations North Ayrshire HSCP have attached a RAG
status to each of the 8 recommendations relevant to HSCPs, a further 3
recommendations are specifically for the Care Inspectorate. 
3.2 The position within North Ayrshire can be summarised below with full responses
attached at Appendix 1: 
• There remains a robust system of recording AWI where a formal decision in
respect of an adult with incapacity is agreed. 
• The HSCP hospital based social work team have extensive experience of
discharge and the legal requirements. 
• Practitioner guidance is consistent with the principles of the legislation, but a need
has been identified to update the Management Guidelines which were last
reviewed in 2014. The guidelines have been reviewed and updated and will be
tabled for ratification at the Social Work Governance Board in December 2022.
Robust processes and decision making remains in place for all 13ZA discharges. 
• There continues to be an established learning and development programme in
relation to AWI with the addition of a refresher training programme now established
in response to the recommendations. This is delivered on a continuous rolling
programme to all relevant staff. 
• The development and installation of a self-evaluation process including collating,
reviewing and developing an audit framework with regards to AWI remains in
progress. This has been delayed through changes in personnel and is now seen
as a priority for completion and ratification via the Social Work Governance Board.
Although the self-evaluation of process is not fully established and ratified, there
is however continuous assurance activity by way of auditing on a continuous basis
undertaken by a variation of personnel i.e., Learning & Development Team
Manager, locality Team Managers and Senior Officers who all audit files regularly

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which will include those subject to AWIA measures. An example of audit template
is attached in Appendix 2. 
3.3 Support to service continues to be provided from the North Ayrshire Council Legal
Services and team managers to ensure our local processes are robust and will ensure
all moves are made with the legal authority in place.   
3.4 Anticipated Outcomes 
The work of the Mental Welfare Commission is to support and safeguard the rights of
people who lack mental capacity, the report and associated recommendations should
ensure the rights of those individuals are protected.   
3.5 Measuring Impact 
The North Ayrshire HSCP response to the recommendations will be monitored
through the HSCP Social Work Governance Board with oversight by the Chief Social
Worker. 
4. IMPLICATIONS 
Financial: None
Human Resources: None
Legal: Required compliance with provisions in the Adults with
Incapacity (Scotland) Act 2000 (AWI Act).
Equality: Focus of the report is that people who lack mental
capacity have their rights respected, have equality of
access to representation and are safeguarded.
Children and Young People None
Environmental & Sustainability: None
Key Priorities: None
Risk Implications: Taking forward actions in relation to the
recommendations minimises the risk of moving
individuals with no legal capacity to do so. 
Community Benefits: Confidence in the activity of the NAHSCP. 
5. CONCLUSION
5.1 IJB Members are asked to 
(i) IJB members are asked to note the report and the NAHSCP response to
the recommendations. 
Caroline Cameron, Director
For further information please contact David Thomson (Head of Service, Health and
Community Care) on (01294) 317806 or davidthomson@north-ayrshire.gov.uk

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Appendices
• Appendix 1 - Action Plan
• Appendix 2 - Casefile Audit Template

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Appendix 1
NORTH AYRSHIRE HSCP – RESPONSE TO RECOMMENDATIONS
MENTAL WELFARE COMMISSION REPORT
AUTHORITY TO DISCHARGE: REPORT INTO DECISION MAKING FOR PEOPLE IN HOSPITAL WHO LACK CAPACITY 
Recommendation RAG
Status
Comments/Actions
1 HSCPs should undertake a full training
needs analysis to identify gaps in
knowledge in relation to capacity and
assessment, associated legislation,
deprivation of liberty definition and the
human rights of individuals (as detailed in
the report) to inform delivery of training
programmes to ensure a confident,
competent multidisciplinary workforce
supporting safe and lawful hospital
discharge planning.
GREEN A programme of learning and development in relation to Adults With Incapacity is in place within
NAHSCP, with two full days of training as part of the programme.  The Partnership has reviewed
this position and has identified an area for improvement in the provision of refresher training to
bring parity with CP and ASP arrangements.  Consideration is being given to including this in
training programme, for a ½ to 1 day refresher course, with plans to have this in place by March
2022.  Team Managers from locality adult Social Work Services are being consulted as part of
this exercise and agreement and priority will be agreed through Social Work Governance Board. 
October 2022 update:
The refresher training programme is now in place and is being delivered on a rolling progamme
basis. Activity will be reported via the Social Work Governance Board on an annual basis.   
2 HSCPs should establish a consistent
system for recording when an assessment
of incapacity has been conducted, by
whom and in relation to which areas of
decision making. 
GREEN Our social work information system records requests for assessment of incapacity, decisions and
who carries out that assessment.  The assessment is very specific in terms of recording details
in relation to what specifically a person has capacity to agree to and the timeline of the capacity
assessment and outcome.  The system is accessible by all social work staff and there is standard
protocol for recording which is consistently followed.   
3 HSCPs should ensure that staff facilitating
hospital discharges are clear about the
status of registered care home placements,
in terms of law (see EHRC vs GGC in the
report) and with regards the financial and
welfare implications of different types of
placements for the individual.
GREEN All NAHSCP teams across localities and including the hospital team have extensive experience
of safely discharging to care homes in terms of the law. The Senior Manager responsible for
these services held a session with team managers in July 2021 to reinforce responsibilities and
ensure all had a comprehensive understanding of the guidance on discharge, with particular
emphasis on 13za.  Any 13za discharge cannot proceed by only a social worker and requires
Team Manager approval with oversight from the Senior Manager.
4 HSCPs should ensure that practitioners
facilitating hospital discharges have copies
of relevant documents on file detailing the
powers as evidence for taking action on
behalf of the individual who is assessed as
lacking capacity. 
GREEN As detailed in NAHSCP guidance practitioners require to ensure documentation is in place and
on file regarding any evidence on capacity of individuals.  The Hospital Based Social Work Team
have access to the social work information system and patient medical notes which both include
information pertaining to assessment of capacity.   A Team Manger has been identified to lead
self-evaluation of processes including collating, reviewing and developing audit frameworks in
regard to AWI.  In terms of those discharging from hospital into care homes, these assessments
require to be agreed by two Senior Managers which ensures consistency and quality of
assessment. All assessments require to be explicit in regard to the legal basis for discharge.  This

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Appendix 1
requires to be in line with NAHSCP guidance and the Adults With Incapacity (Scotland) Act 2000.
5 HSCPs should ensure that assessments
reflect the person as a unique individual with
focus on outcomes important to that
individual and not external drivers that have
the potential to compromise human rights
and/or legality of moves.
GREEN It is embedded into practice from Social Workers, Social Work Assistants and Team Managers
that assessments require to be outcome focused and have the person who owns that assessment
and/or their representative at the heart of same. Assessments must be authorised by Team
Managers before being signed by service users or their representative.
6 HSCPs should ensure that processes are in
place to audit recording of decisions and the
legality of hospital discharges for adults who
lack capacity in line with existing guidance
and the principles of incapacity legislation. 
AMBER It was previously identified that there is a need to update the Management Guidelines for the
provision of discharging individuals who lack capacity. This document dates from 2014 and forms
the basis of Team Manager and Social Worker practice in terms of ensuring the rights of
individuals are upheld and that those discharged from hospital who lack capacity are discharged
on a legal basis.  A briefing note was produced by legal colleagues in March 2021 around the
use of 13za in discharges, this was circulated to all team managers with consultation through
locality social work meetings.  Discussions have begun with the North Ayrshire Council legal team
and suggestions have been made in updating the guidance, particularly in relation to deprivation
of liberty. This work is ongoing. 
A Team Manger has been identified to lead self-evaluation of processes including collating,
reviewing and developing audit frameworks regarding AWI.  This will be strengthened by
proposals to provide refresher training. This improvement work will be overseen by the Social
Governance Board.   
(Timescales for updated Management Guidelines – by June 2022) 
October 2022 update: 
• The guidelines have been reviewed and updated by Senior Management Team and will
be finally ratified at the Social Work Governance Board in December 2022. 
• The development and installation of a self-evaluation process including collating,
reviewing and developing an audit framework with regards to AWI remains in progress.
This has been delayed through changes in personnel and is now seen as a priority for
completion and ratification via the Social Work Governance Board. Although the self-
evaluation of process is not fully established and ratified, there is however continuous
assurance activity by way of multiple auditing activity on a continuous basis undertaken
by various personnel i.e., Learning & Development Team Manager, locality Team
Managers and Senior Officers who all audit files regularly which will include those

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Appendix 1
subject to AWIA measures.  It is proposed that the self-evaluation framework be
presented to the Social Work Governance Board by March 2023. 
7 HSCPs’ audit processes should extend to
ensuring evidence of practice that is
inclusive, maximising contribution by the
individual and their relevant others,
specifically carers as per section 28 Carers
(Scotland) Act 2016. 
Refer to requirements 5 and 6
8 HSCPs should ensure strong leadership
and expertise to support operational
discharge teams. 
GREEN Operational leadership at Team Manager and Senior Manager level and skilled, experienced staff
are in place to continue to ensure appropriate legislative frameworks.  Enhanced Social Work
Hospital Team in summer 2021 with dedicated Team Manager overseeing assessments for
complex care arrangements including consistent application of guidance and legislation.
9 The Care Inspectorate should take account
of the findings of this report regarding the
use of s.13ZA of the Social Work (Scotland)
Act 1968 and consider the scrutiny,
assurance or improvement activity to take in
relation to this. 
n/a – Care Inspectorate Recommendation
10 The Care Inspectorate should take account
of the broader findings of this report beyond
use of s.13ZA and consider how this might
inform future scrutiny, assurance and
improvement activity in services for adults. 
n/a – Care Inspectorate Recommendation
11 The Scottish Government should monitor
the delivery of the above recommendations
and work with Health and Social Care
Partnerships and the Care Inspectorate to
support consistency and address any
barriers to delivery of the next two years. 
n/a – Care Inspectorate Recommendation

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Case File Audit 
SERVICE USER DETAILS 
SURNAME: 
FORENAME: 
CAREFIRST NO: 
DOB: 
AGE: 
GENDER: 
ETHNICITY: 
TEAM                        
Other – Please State: 
Team Location: 
Team Manager: 
Allocated Worker:                                                 Time taken to complete Audit   
File Read By:                                                            Date                     
Senior Officer – Feedback to Team Manager                                                     Date                             
Team Manager – Feedback to Social Worker                                                     Date                           
Please ensure you answer every question within this tool and include comments to enable full
understanding of your findings and inform improvement.  This must be completed with reference to
the practice guidance. 
To rate the quality from level 1 – 6.
Level 6 – Excellent, Level 5 – Very Good, Level 4 – Good, Level 3 – Adequate, Level 2 –
Weak, Level 1 - Unsatisfactory 
Y N

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Section A1 - Chronologies
1.1 Is there a current chronology in the Care Record (paper or electronic)
CareFirst/Care Partner  
1.2 Is there evidence the chronology is being used across agencies?  
1.3 Is there evidence that the chronology is used to inform the care plan?  
1.4 Overall rate the quality of the chronology on file.  Grade 1 – 6 (see rating) 
Comments:  There is only a very short chronology recorded electronically, more
work needs to be done to update this. 
Section A2 - Assessment
Y N
2.1 Is there a current assessment on file?  
2.2 Is the timing of the completion of the most recent assessment, in keeping with
the needs of the service user and identified outcomes? 
2.3 Overall rate the quality of the assessment on file.  Grade 1 – 6 (see rating) 
Comments: 
Section A3 – Risk
Y N
3.1 Is there any risk of harm to themselves, others or both? – Please specify in
comments box below. 
3.2 Is there an appropriate risk assessment in the file?  
3.3 Overall rate the quality of the risk assessment on file.  Grade 1 – 6 (see rating) 
Comments: 
3.4 Is there an appropriate current risk management plan in the file?  
3.5 Overall rate the quality of the risk management plan on file.  Grade 1 – 6 (see
rating) 
Comments: 
3.6 Is there evidence that the risk management plan has been appropriately
implemented?  
Comments: 
3.7 Is there evidence that the risk management plan has been reviewed?  
Comments: 
Section A4 - Consent
Y N
4.1  Is there evidence that consent has been sought?  
4.2 Is there evidence of a signature to support consent?  
Comments:

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Section B – Care Plans
Y N
1.1  Is there evidence that the Plan is outcome focused rather than a list of tasks?  
1.2 Is there evidence that the plan is appropriately linked to the assessment and
risk assessment?  
1.3 Overall rate the quality of the plan.  Grade 1 - 6 
1.4 Is there evidence that the plan has been appropriately reviewed?  
Comments: 
Section C – Support/Services Provided 
Y N
1.1  Is there evidence that support and services received have followed the
contents of the care plans?  
1.2 From the information held in the records comment to what extent you consider the support
provided and services received met their outcomes and minimised the identified risks?
Comments: 
Section D – Service User Involvement
Y N
4.1  Is there evidence that the service users views have been sought?  
4.2 Is there any barriers to engagement identified?  
Comments:   
Section E – Partnership working
Y N
1.1  Is there evidence that partnership working in the following (proportionate to the
level of risk, need and statutory duties)?  
a. At the assessment stage?  
b. At the risk assessment and management planning stage?  
c. At care planning stage?  
d. At review stage?  
Comments: 
Section F – Monitoring Overview
Y N
1.1  Is there evidence that team managers have had oversight of this case file?  
1.2 Is there evidence that this case has been discussed within supervision
discussions?

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Comments: 
Section G - Summary
Please note below the overall strengths.
Comments: 
Please note below the areas highlighted for improvement.
Comments: