Mental Health Care and Treatment Act Scotland 2003

1
Mental Health (Care and Treatment) Act
(Scotland) 2003

• Implementation
• Fiona Tyrrell
• Mental Health Law Team

2
Code of Practice

• Consultation on 3 Volumes complete
• Will be published as one volume
• Changes to draft will be minimal
• Some new sections eg transfers
• Re-ordered to flow more logically

3
Content of Code

• Covers general framework
• How to guide to Act for professionals
• Sets out good practice
• May be legally binding

4
Regulations

• Currently being finalised
• Will be laid between now and Jan/Feb
• Flowcharts
• Code will reflect content of Regulations

5
SHORT TERM DETENTION - SECTIONS 44 to 56 THE
MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT
2003
Patient not in hospital
Patient in Hospital EDC
MHO - within 7 days of being consulted If
impractical to interview the patient or
ascertain the named persons details, provide a
record of the steps taken. Pass to the AMP (
S.45, Cop)
An extension of 5 days to the date authorised
by the detention or extension if
required (S.68, CoP..)
HOSPITAL MANAGERS - Within 7 days of the
STC Notify and send a copy of the certificate
(S.46, CoP..)
MHO If unable to establish the named person or
consider that it is inappropriate for the
apparent named person to be so, then make
application to the Tribunal (S.257, CoP..)
Voluntary admission - decides to leave
HOSPITAL MANAGERS - As soon as practicable 1.
Notification that the certificate has been
granted. (S.46, CoP.) 2.Supply material
information appropriate (S.260, CoP.) 3. Inform
the patient of the availability of independent
advocacy services (S.259, S.260, CoP.) 4.
Appoint an RMO, if patient does not already have
an RMO. (S.230)
MHO Application for CTO (S. 63, Cop )
MHO as soon as practicable 1. Ascertain Named
Persons details etc. 2. Inform Patient of
availability of independent advocacy
services. (S.255, S.259,CoP)
Consider using Nurses Holding Power (S.299,
CoP..)
AMP Extension pending application for CTO,
where patients condition deteriorated in last
3 days of EDC Must have MHOs consent.
(S.47, S.48, CoP..)
Grounds for Short term Detention (S.44,
CoP..)
AMP Grant STC Give to the managers of
the Hospital prior to the patient being admitted
or, if in hospital, as soon as
practicable. (S.44, CoP.)
AMP - Consult MHO. Consult Named Person if
practicable (S.44)
YES
MHO Consent obtained (S.45, CoP)
MHO SCR - Within 21 days (S.231, CoP..)
Doctor re-examines patient
RMO keep under review continuing need for
detention (S.49, S.53, CoP..))
Proceed to CTO (CoP..)
NO
MHO Consider consent to Extension (S.47, CoP.)
MHO Consent refused (S.45,CoP..))
NURSE as soon as practicable 1.Take steps to
inform a MHO 2. Provide the Hospital Managers
with a written record (S.299, CoP..)
Offer alternative package of care, if required
RMO No Grounds for continued detention
RMO Suspension of detention (S.53, Cop.)
RMO Revocation of detention (S.49, CoP..)
RMO Keep under review
RMO Revocation of Detention As soon as
practicable after revoking the certificate Provide
notification (S.49, CoP..)
RMO Grounds for Revocation of Suspension of
detention Give notice of the revocation. (S.54)
RMO Within 7 days of the STC being
revoked, Provide notification (S.49, CoP)
Hospital Managers Within 14 days Send copy to
the Commission. (S.299, CoP..)
Arrange re- admission to hospital
6
Training

• MHOs 4/5 day course
• Approved medical practitioners - 2 days
• Professional and other staff
• NES materials
• Local delivery

7
Guidance

• Forms for applications, notifications, etc
• Booklets on specific issues e.g.
• Named person
• Advance statements

8
Tribunal

• President and 300 members
• Support team of around 40 including clerks
• HQ and local accommodation
• Rules of Procedure

9
Tribunal contd

• Video for training/awareness
• Guidance from Tribunal service for people who
  will attend
• Specific training for Tribunal members once
  appointed

10
More Info - Contact Us
Fiona Tyrrell Tel [phone] Fiona.Tyrrell_at_sco
tland.gsi.gov.uk Mental Health Law Team 3EN St
Andrews House Edinburgh EH1 3DG mentalhealthlaw_at_sc
otland.gsi.gov.uk
Tribunal Aine Rivers Tel [phone]
Aine.Rivers_at_scotland.gsi.gov.uk Mental Health
Tribunal for Scotland Implementation Team 1N.01
St Andrews House Edinburgh EH1 3DG
mhts_at_scotland.gsi.gov.uk
Web-siteswww.scotland.gov.uk/health/mentalhealthla
w www.mhts.org.uk
www.nes.scot.nhs.uk