© British Association of Social Workers
Guardianship of the Person in Scotland
Bill Whyte is a lecturer in Social Work at Edinburgh University and is currently involved in a national study of Mental Health Officers (Approved Social Workers).
Susan Hunter is a lecturer in Social Work at Edinburgh University whose current research interests include ageing and disability.
Correspondence to Bill Whyte, Lecturer in Social Work, Department of Social Policy and Social Work, Adam Ferguson Building, University of Edinburgh, George Square, Edinburgh EH8 9LL.
Summary
There has been a renewed interest in recent years on the purpose of Guardianship but only limited empirical data on how it is being used under the current Mental Health legislation. This paper attempts to address both issues. The paper presents some of the findings of a Scottish study which examines the implications of this legislation and covers a range of issues including uses of Guardianship; a profile on the Mental Health Officers (Approved Social Workers) involved and their role in assessment; who became the guardian and how they exercised their role; and broader legal issues. Unlike a recent paper (Evans, 1989) the authors believe the legislative framework is inadequate to promote initiative and good practice in this field and that there is a need for a new debate on the purposes of Guardianship with particular reference to the powers needed to care for and protect a range of adults with differing needs who might be considered ‘at risk’ in the community.