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Working with independent advocates: good practice guidance for working with independent advocates
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2009
- Pagination:
- 16p.
- Place of publication:
- Edinburgh
In the course of the work of the Mental Welfare Commission, service users and independent advocates have voiced their concerns about involvement of advocacy. They have heard of situations where advocates were excluded from important meetings, or were not given the information they needed to fully advocate on behalf of an individual. The Mental Welfare Commission has also heard from practitioners that they are often uncertain about what involvement the advocate should have, especially if a person has a severe mental illness or learning disability that makes it difficult for him or her to involve an advocate. The authors collected some examples difficult situations and case studies to consult with a variety of practitioner, advocacy and service user groups. They also considered the legal framework, notably mental health and incapacity law in Scotland and data protection legislation. It is hoped that the guidance and case examples will help practitioners to understand the role of independent advocacy and provide assistance when dealing with difficult situations.
Decisions about technology: principles and guidance on good practice when considering the use of telecare and assistive technology for people with dementia, learning disability and related disorders
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2015
- Pagination:
- 23
- Place of publication:
- Edinburgh
This guidance is for those considering the use of technology to assist with care and maintain independence when the individual concerned may lack the capacity to make the decision. It examines the human right and legal implications of assistive technology and sets out key principles of good practice. These are: the intervention must provide a benefit that cannot otherwise be achieved; it must be the least restrictive in relation to the person’s freedom in order to achieve the desired benefit; the past and present wishes of the person must be taken into account; the views of relevant others should be taken into account; and the intervention should encourage the person to use existing skills and develop new ones. The document examines the use of electronic location devices and the use of CCTV to monitor the actions of an adult or of staff. A brief overview of assistive technology currently available is also included. (Edited publisher abstract)
Zero tolerance; measured response: responding to violence in mental health or learning disability care settings
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 16p.
- Place of publication:
- Edinburgh
Although workplace violence is unacceptable, when it relates to mental ill-health within a care setting the issues are complex. Staff may be caught between providing appropriate and sensitive care for people whose mental disorder results in violence, and reporting significant incidents to the police in order to protect the person, other service users and themselves. This guidance looks at best practice in responding to incidents of violence in learning disability and mental health settings. It reflects the findings of a national consultation with a wide range of stakeholders using a number of anonymised case examples. The guidance questions the traditional idea of ‘zero tolerance’ and aims towards developing a more measured response. The 2 essential outcomes from all incidents of violence in mental health and learning disability care settings are: ensuring the safety of all persons; and ensuring that the needs of the person for care and treatment (and the needs of any others affected by the incident, including staff) continue to be met in a safe and appropriate care setting. A number of recommendations are provided on the development of policies in response to violent incidents. [An updated version titled 'Responding to violence in a mental health or learning disability care setting' was published in 2017].
The use of seclusion: good practice guide
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2014
- Pagination:
- 21
- Place of publication:
- Edinburgh
The Mental Welfare Commission first published guidance on the use of seclusion in 2007, focusing on restrictions placed on people in a hospital setting and the authorisation, regulation and monitoring required to safeguard the rights of the individual. As assessments and treatment are increasingly provided by community services, similar restrictions are now being applied in a variety of community settings. This reviewed guidance reflects these changes and attempt to address the implications of current practice. The use of seclusion can place severe restrictions on an individual’s freedom of movement and lead to untoward physical and psychological consequences for the person. Seclusion should only be considered where there is a clear and identified risk that the person who is to be secluded presents a significant degree of danger to other people; and that the situation cannot be managed more safely or appropriately by any other means. It should only take place in the context of a clear care plan, with a concern for the safety of the individual and ensuring that the restriction is not perceived as a punishment. (Edited publisher abstract)
Consenting adults?: guidance for professionals and carers when considering rights and risks in sexual relationships involving people with a mental disorder
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2010
- Pagination:
- 40p.
- Place of publication:
- Edinburgh
Sexual expression, sexual relationships, marriage and children are a natural and expected part of a person’s life experience. People with a mental illness, learning disability or other mental disorder, have the same personal and sexual needs and rights as anyone else. At the same time people with a mental disorder can be at particular risk of abuse or exploitation. Balancing those rights and risks raises a host of legal and moral dilemmas. This guidance has been produced in response to the legal, ethical and practical issues concerning sexual relationships involving adults with a mental disorder. It is intended to provide a framework for discussion of the general issues that need to be considered when assessing risk and considering the need for intervention in a person’s sexual life. In assessing and deciding on the need for intervention, this guidance looks at a number of significant questions for practitioners. These include: assessment of capacity; issues of consent; knowledge of the person’s background and past and present wishes; the nature of the mental disorder; different forms of sexual expression; potential risks as against benefits; staff attitudes, knowledge and training; assistance given by staff; family attitudes; cultural and religious beliefs; the person’s living situation; statutory duties and professional and organisational responsibilities to investigate, including issues of confidentiality and disclosure; and intervention that may be required.
Working with an interpreter: toolkit: improving communication for people who use mental health and learning disability services in Scotland
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2006
- Pagination:
- 42p.
- Place of publication:
- Edinburgh
Practical advice and guidance is provided for people who need to use, or who provide, interpreting or translation services in a mental health setting, such as a meeting with a psychiatric nurse in hospital or in someone’s home. The first section is aimed at mental health practitioner or interviewers, and comprises: detailed guidance and information for every stage of working with an interpreter; and a checklist designed to help achieve the most out of working with an interpreter and to guide if things go wrong. The second section is aimed at users of mental health and learning disability services and advises: how to use a professional interpreter; rights before, during and after an interview with an interpreter; and how to complain. The final part is aimed at interpreters and highlights: ethical issues that need to be considered; and practical advice and guidance for interpreting during an interview.
Safe to wander?: principles and guidance on good practice in caring for residents with dementia and related disorders where consideration is being given to the use of wandering technologies in care homes and hospitals
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2005
- Pagination:
- 11p.,bibliog.
- Place of publication:
- Edinburgh
This guidance looks at the principles which should be applied when considering the use of wandering technology and the current legal implications of its use. This guidance is not exhaustive, it should be used to help guide staff in conjunction with standards produced in Scotland by the National Care Standards Committee and local policies and procedures in care homes and hospital settings. Although primarily aimed towards the care of residents with dementia in care homes and hospitals, this guidance may also be helpful in relation to care of people with a learning disability or an acquired brain injury.The guidance is also relevant to people living in their own homes particularly as the use of developing technologies can be helpful in delaying and preventing admissions to institutional settings.
Use of seclusion: good practice guide
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2019
- Pagination:
- 26
- Place of publication:
- Edinburgh
Updated good practice guidance for health and social care professionals in Scotland on the use of seclusion when working with people who are being treated for mental illness, dementia, learning disability or related conditions in health and social care settings. The view of the Mental Welfare Commission is that services should minimise the use of all forms of restrictive practice, and that in most cases, proactive behavioural support plans would mean that the use of seclusion would be unnecessary. The guidance aims to ensure that where seclusion takes place, the safety, rights and welfare of the individual are safeguarded. It looks at what any policy for seclusion should cover, including: maintaining the safety of the secluded person, care planning, record keeping, assessment and review during a period of seclusion, the impact of seclusion and staff training. The guide also provides a summary of good practice points, a summary of relevant legislation in Scotland and case studies to illustrate areas of good and poor practice. (Edited publisher abstract)
Respecting diversity: a report from the Mental Welfare Commission's race and culture themed visit programme 2003/04
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2004
- Pagination:
- 12p.
- Place of publication:
- Edinburgh
This report comes out of a programme by the Mental Health Commission for Scotland which aimed to find better ways of communicating with service users from black and minority ethnic (BME) communities and to develop awareness of BME issues. During 2003-04 the Commission visited 5 national and 15 local organisations across Scotland with a specific focus on BME issues. This document is based on issues emerging from these visits. The aim of the report is to contribute to awareness and debate of issues affecting BME service users, leading to more culturally appropriate services for individuals. A number of key areas for service development are identified within the report, including: the need for more pro-active mainstreaming of services for BME people with mental disorder; improved access to interpreting services for patients; and more appropriate care settings, especially in relation to single sex accommodation. The report provides examples of good practice, and recommendations for actions for the Commission itself and for the range of providers, inspectorates and other agencies involved in ensuring the quality of mental health and learning disability services.
Consenting adults? Guidance for professionals when considering rights and risks in sexual relationships involving people with a mental disorder
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 44p.
- Place of publication:
- Edinburgh
- Edition:
- Rev. ed.
The Mental Welfare Commission for Scotland is an independent organisation working to safeguard the rights and welfare of people with mental illness, learning disability or other mental disorder. This guidance was produced in response to legal, ethical and practical issues concerning sexual relationships raised with the Commission in its work with people with mental disorder and those involved in their care. The guidance is intended to provide a framework for discussion of issues that need to be considered when assessing risk and considering the need for intervention in a person's sexual life. It covers the legal framework, capacity to consent, significance of a person's diagnosis, sexual risks arising from a person's mental disorder or social situation, staff knowledge and attitudes, family attitudes, cultural or religious values, the living situation and support and protection, statutory investigative duties, intervention following investigation, and legal interventions.