FOI Request - UCAP and Safeguarding Policies

Request 101003849402

I am making a formal request under the Freedom of Information (Scotland) Act 2002 (FOISA).
Please provide me with the following information:

1. Unacceptable Customer Action Policy (UCAP)
a) A complete copy of the current UCAP used by Moray Council.
b) All internal guidance, procedures, or training materials provided to staff on applying UCAP, including criteria for imposing, reviewing, or lifting restrictions.
c) Records showing how UCAP decisions are monitored, including any oversight or appeal mechanisms.

2. Safeguarding and Adult Support & Protection
a) Current policies, procedures, and internal guidance documents relating to adult safeguarding and Adult Support and Protection (Scotland) Act 2007 compliance.
b) Any training materials provided to council officers or contractors on safeguarding vulnerable adults.
c) Details of how safeguarding referrals are recorded, escalated, and audited within Moray Council.

3. Oversight and Accountability
a) The names of the roles (not individuals) responsible for authorising UCAP restrictions and safeguarding decisions.
b) Copies of any recent audits, reviews, or reports (since January 2023) on the council’s handling of UCAP or safeguarding processes.

Response 02-10-2025

1. a) The Unacceptable Customer Action Policy (UCAP) is published and available on the Moray Council website. This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: http://www.moray.gov.uk/downloads/file99112.pdf

b) Not held. The policy is self-explanatory and is used to manage the relatively few customers who exhibit unacceptable behaviour. No specific training. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

c) The information requested is exempt under Section 38(1)b - personal information.

2. a) & b) Details of local policies and procedures in relation to Adult Support and Protection can be found published and available on the Moray Protects webpage. This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: Moray Protects - Protecting People in Moray https://morayprotects.co.uk/

c) ) All Protective referrals are received to our Adults Access Team and recorded on social work systems. Following receipt of referral an initial inquiry takes place to ascertain whether the adult may meet the 3 point criteria under the Adult Support and Protection (Scotland) Act 2007. Should it be believed that the adult may meet the 3 point criteria an Initial Referral Discussion (IRD) will take place.
In relation to audit and quality assurance work pertaining to referrals received and initial inquiry – audits of initial inquiry is undertaken on a monthly basis by Social Work. This involves auditing the initial inquiry documentation on recording systems.
 

3. a) UCAP restrictions: Head of Service or Depute Chief Executive/Chief Officer or nominated senior officer.

As Social Work (ASP) we adhere to the UCAP Policy of the Council. Should an Adult be subject to the unacceptable customer actions policy and there are safeguarding concerns they would be discussed with practitioners with ASP knowledge (experienced Council Officers) around the table.

b) UCAP - no information held.  Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

Please find attached the Biennial Report 2022-2024 which evidences quality assurance work undertaken in relation to ASP process.

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