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The Challenging Behaviour Foundation Website
making a difference to the lives of people with severe learning disabilities
Registered charity no. 1060714
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Scotland - Safeguards & Protecting the Individual

Individuals with severe learning disabilities and challenging behaviour are vulnerable to abuse. Abuse can take many forms, from the more obvious e.g. physical abuse, to the less obvious e.g. financial or emotional abuse. The risks are increased because:

It is essential therefore that services and supports for individuals who have severe learning disabilities and challenging behaviour are person-centred and understand why the person behaves as they do.

Different service providers may have different approaches to managing challenging behaviour. It is important that you check out the approach used by any service that you are considering using by asking for a copy of their behaviour management policy before you agree that it is suitable for your son/daughter.

Services should have appropriate monitoring mechanisms in place to minimise the risk of abuse, detect potential abuse, and highlight indicators of abuse within existing behaviour repertoires. In addition a number of other safeguards can be put in place to protect individuals.

Statutory requirements 

1.   Policies & procedures

The following policies and procedures should be in place, and copies available on request:

In addition, there should be a clear complaints procedure. Complaints should be formally investigated and findings acted upon

2.   Monitoring and Inspection 

All services are checked by agencies to ensure correct procedures are in place to protect vulnerable individuals. The main inspection agencies are SWIA (Social Work Inspection Agency), NHSQIS (National Health Service Quality Improvement Scotland), the Care Commission (Scottish Commission for the Regulation of Care), HMIe (Her Majesty’s Inspectorate of Education) and the Mental Welfare Commission (MWC).  These different agencies, until recently, carried out their own separate inspections but following recommendations in 2004 there are now joint inspections of learning disability services.

3.   Staff Checks (The Protection of Vulnerable Groups (PVG) Scotland Act 2007)

The Act requires there to be a registration system for all those who work with children and protected adults. The detail of the new vetting and barring scheme will be developed through secondary legislation during 2007/2008. This will be underpinned by an Implementation Plan and extensive consultation and communications with the many individuals and organisations that have an interest in the scheme. It is hoped that the new scheme will go live in the summer of 2009. 

4.   Adults Support and Protection (Scotland) Act 2007 

This new piece of legislation commences autumn 2008. The main provisions, within Part 1 of the Act, create new measures to protect adults who are believed to be at risk of harm.  These measures include rights of entry to settings where adults are thought to be at risk of harm, a range of protection orders including assessment, removal of the adult at risk, and banning of the person causing harm; and supporting the creation of multi-disciplinary Adult Protection Committees. The guiding principle of this new act is to get the right balance between the rights of individuals to choose the way they want to live and offering appropriate support and protection to those who need them most.

For more information visit www.opsi.gov.uk  or Adult Care and Support – Change Team: Tel 0131 244 5491 email: ASPUnit@scotland.gsi.gov.uk 

Other safeguards 

Separating housing and care provision

In the past, people with challenging behaviour who have been offered a complete service (accommodation and support) from a service provider have been vulnerable to exclusion if problems arise. This could mean that a person is given notice to leave the service. However, if the housing provision is separate from the care provision, the individual can remain in their home, and the care provider can be changed if necessary. This situation enables the individual to have greater control of his/her life.

Independent Advocacy

An advocate is someone who helps make the wishes and opinions of an individual known, and often families act as powerful advocates for their family member. However, there may be conflicts of interest at times, and sometimes family carers are not aware of all the opportunities that are available. Independent advocacy promises to be an effective way to help the person with a learning disability to have a stronger “voice”, and you should ask about advocacy services available in your area.

However, it is important to note that advocacy for someone with severe learning disabilities who is described as having challenging behaviour is a skilled role and will require a great deal of time, commitment and expertise if it is to be done effectively. Contact the Challenging Behaviour Foundation to make sure that any independent advocate working with your son/daughter receives specialist information and resources that will equip them in this role.

Adults with Incapacity (Scotland) Act 2000

This Act applies to everyone over the age of 16 and is based on the following principles:

All decisions made on behalf of a person with impaired capacity must:

More information is available from:

If your son/daughter is 16 or over, there is a duty to ensure that his/her wishes are taken into account, and that, for example, preferred communication methods are used to explain the process and the options available. If your son/daughter lacks capacity, there is a duty to consult family members, and any decision made must be in the person’s best interests.