Mental Health (Care and Treatment) (Scotland) Act 2003
Encyclopedia
The Mental Health (Scotland) Act 2003, which came into effect on 5 October 2005, enables medical professionals to detain and treat people against their will on grounds of mental disorder, with the Mental Health Tribunal for Scotland and the Mental Welfare Commission for Scotland
providing safeguards against mistreatment.
It largely replaces the Mental Health (Scotland) Act 1984.
Short term certificates are referred to by the act as the 'preferred gateway' to detention, and lead, notionally, to up to 28 days detention during which treatment may be administered against the will of the detainee, and can also lead to compulsory treatment orders, which have longer term implications for the detainee's liberty.
Detainees can apply to the Mental Health Tribunal for revocation of short term certificates.
Emergency certificates lead, notionally, to up to 72 hours detention, and can also lead to detentions under short term certificates.
Emergency certificates do not enable treatment against the will of detainees, and there is no formal process of appeal against them.
Unless a certificate is completed for someone who is already in a mental health hospital, both forms of detention are preceded by detention of up to 72 hours in what are called 'places of safety', while transport to hospital is arranged.
Also, short term detentions may be extended for periods of up to three 'working days', to facilitate applications to the Mental Health Tribunal for compulsory treatment orders.
Saturdays, Sundays, and Scottish bank holidays are not counted as working days.
and sharing information.
On many occasions a patient's care & treatment becomes much to the opinion of any one person, with a psychiatric disorder (mentalis confusio), latest labels that of chemical imbalance or chemical disorder, perplex and confuse not only the patient, but those whom may be designated decision makers on a patient's behalf. Family members all too often are not given any information, nor the correct questions to ask.
All too often the system fails to accept a lack of science behind these labels. "where is that chemical test for this chemical imbalance?" Truth is that like the word illness: no such disease exists, nor any chemical as where is this chemical test; well paid professionals or populus of institutions together, with no clear facts & no willingness to discuss any way except that of psychiatry & adding of substance of those many same category as Class substances.
If worried or concerned then as a useful safeguard contact Citizens Commission on Human Rights, UK chapter. Group who concern themselves only in attaining the best way forward for our mental health system. No other organisation sends forth a clear message, group has many informative DVDs and documents all abuses in particular of forced consent where you the patient have no choice, even if the end result is brain damage - ask the writer.
, religion
, racial origin or membership of any ethnic group
should be taken into account by people providing care and treatment.
People giving you care should also make sure that:
Mental Welfare Commission for Scotland
The Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health Act 2003 or the Adults with Incapacity Act 2000.It enquires into cases of alleged ill...
providing safeguards against mistreatment.
It largely replaces the Mental Health (Scotland) Act 1984.
Detention certificates
The act provides for short term detention certificates and emergency detention certificates.Short term certificates are referred to by the act as the 'preferred gateway' to detention, and lead, notionally, to up to 28 days detention during which treatment may be administered against the will of the detainee, and can also lead to compulsory treatment orders, which have longer term implications for the detainee's liberty.
Detainees can apply to the Mental Health Tribunal for revocation of short term certificates.
Emergency certificates lead, notionally, to up to 72 hours detention, and can also lead to detentions under short term certificates.
Emergency certificates do not enable treatment against the will of detainees, and there is no formal process of appeal against them.
Unless a certificate is completed for someone who is already in a mental health hospital, both forms of detention are preceded by detention of up to 72 hours in what are called 'places of safety', while transport to hospital is arranged.
Also, short term detentions may be extended for periods of up to three 'working days', to facilitate applications to the Mental Health Tribunal for compulsory treatment orders.
Saturdays, Sundays, and Scottish bank holidays are not counted as working days.
Principles
The law is based on a set of principles. These principles should be taken into account by anyone involved in a person's care and treatment.Past and present wishes
If you are a patient, you should be given the information and support you need to take part in decisions about your care and treatment. To help service users get their views across, the new Act puts in place the right to access independent advocacy services. It also puts in place advance statements as a way to help service users say what care and treatment they would and would not want to have. We will be checking on cases where a person's advance statement has been overridden.The views of your named person and any carer, guardian or welfare attorney you have
Carers should be involved in decision-making and should be given information they need to help them in their role. We will be developing guidance this year to help service providers and carers with the problem of patient confidentialityPhysician-patient privilege
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions...
and sharing information.
Options
Your care plan should reflect your needs as an individual. We will be reviewing care plans of people on long-term detentions. For more information see our monitoring priorities.The care and treatment that will be of most benefit
This should be reflected in a care plan. In addition the Act puts in place safeguards when consent to treatment has not been given. We have a role in safeguarding treatment, for more information see our leaflet.On many occasions a patient's care & treatment becomes much to the opinion of any one person, with a psychiatric disorder (mentalis confusio), latest labels that of chemical imbalance or chemical disorder, perplex and confuse not only the patient, but those whom may be designated decision makers on a patient's behalf. Family members all too often are not given any information, nor the correct questions to ask.
All too often the system fails to accept a lack of science behind these labels. "where is that chemical test for this chemical imbalance?" Truth is that like the word illness: no such disease exists, nor any chemical as where is this chemical test; well paid professionals or populus of institutions together, with no clear facts & no willingness to discuss any way except that of psychiatry & adding of substance of those many same category as Class substances.
If worried or concerned then as a useful safeguard contact Citizens Commission on Human Rights, UK chapter. Group who concern themselves only in attaining the best way forward for our mental health system. No other organisation sends forth a clear message, group has many informative DVDs and documents all abuses in particular of forced consent where you the patient have no choice, even if the end result is brain damage - ask the writer.
Individual abilities and background
Important things about you such as your age, gender, sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, racial origin or membership of any ethnic group
Ethnic group
An ethnic group is a group of people whose members identify with each other, through a common heritage, often consisting of a common language, a common culture and/or an ideology that stresses common ancestry or endogamy...
should be taken into account by people providing care and treatment.
People giving you care should also make sure that:
- any restrictions on a person's freedom are the least necessary
- the person being treated under the act shouldn't be treated any less favourably than anyone else being treated for a mental illness, or other mental disorder
- carer's needs are taken into account
- the person being treated is getting services that are right for them
- when a person is no longer receiving compulsory treatment, he or she should still continue to get care and treatment if it is needed
- if the person being treated is under 18, his or her welfare is of the highest priority
See also
- List of Acts of the Scottish Parliament from 1999
- Mental Health (Public Safety and Appeals) (Scotland) Act 1999Mental Health (Public Safety and Appeals) (Scotland) Act 1999The Mental Health Act 1999 was an act of the Scottish Parliament which was passed by the Parliament in September 1999 and was designed to close a loophole in the law which led to the release of mentally ill killer, Noel Ruddle, who was released from the state hospital at Carstairs after arguing...