Guardianship orders on the rise in Scotland

The commission monitors use of the welfare provisions of the Adults with Incapacity (Scotland) Act 2000 and publishes reports on this data.

Today’s report includes information on the use of welfare guardianships across all of Scotland’s local authorities.

The majority of guardians are private individuals, usually a relative, carer or friend. Local authorities have a duty to make an application for welfare guardianship where it is needed and no-one else is applying.

Of the total guardianships in Scotland, the majority are for people who either have learning disability (45 per cent) or dementia/Alzheimer’s Disease (41 per cent).

These are the main findings of the 2016-17 report:

• The number of existing guardianship orders (13,501) has risen again, and is up by 12 per cent since 2016-17 (12,082).
• The number of new welfare guardianship applications granted also continues to rise. In 2017-18 there were 3,084 applications granted across Scotland, a five per cent rise since 2016-17. This represents a 149 per cent increase in the ten years since 2008-09.
• Private applications represented 74 per cent of all applications. The total number of private applications is up four per cent this year, and up 165 per cent in the ten years since 2008-09.
• Local authority applications are up 10 per cent to 792, and account for 26 per cent of total applications.
• A fifth (21 per cent, 636) of welfare guardianship applications granted this year are for people in the 16-24 age group with learning disability.
• Although the number of indefinite guardianship orders has decreased, there are 4,990 indefinite orders as of 31 March 2018. That represents 37 per cent of total active guardianships (13,501).

Mike Diamond, executive director (social work) at the Mental Welfare Commission, said: “The continued steep rise in guardianship applications is concerning. Most relatives find guardianship helpful, but it is a complex legal process and takes up a considerable amount of time for care professionals, particularly mental health officers.

“Sometimes it is required to allow people to access self-directed support, which gives greater control over their own care to people who receive services.

“We believe the law needs to be modernised and streamlined to ensure care can be provided when it is needed, and to better protect the rights of people with dementia and learning disabilities. We welcome the commitment of the Scottish government to reforming the Adults with Incapacity Act, and look forward to working with them on this in the coming year.”