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Cross border transfers, cross border absconding and cross border visits under mental health law: a factsheet for practitioners
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2009
- Pagination:
- 5p.
- Place of publication:
- Edinburgh
The Commission receives frequent calls on cross-border issues. These relate to planned transfers of patients, cross-border visits and cross-border absconding. Often professionals have difficulty accessing the correct statutory legislation and guidance detailing the information they require. This fact sheet outlines the appropriate sections of the legislation, the regulations and the Scottish Government guidance which relates to cross-border issues and provides links to these under the relevant section for ease of access.
Making reasonable adjustments at work for people with mental health problems
- Author:
- SCOTTISH ASSOCIATION FOR MENTAL HEALTH
- Publisher:
- Scottish Association for Mental Health
- Publication year:
- 2007
- Pagination:
- 8p.
- Place of publication:
- Glasgow
This guide is designed to provide straightforward information for employers on making reasonable adjustments in the workplace for people with mental health problems. It was produced in consultation with employers and with people who have experience of mental health problems while in employment. It looks at how to go about making adjustments, why employers would want to do so and where they can get help and support.
Working with the Adults with Incapacity (Scotland) Act in care homes: information and guidance for people working in adult care settings
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2007
- Pagination:
- 24p.
- Place of publication:
- Edinburgh
This guidance has been developed to support managers and staff working in registered services for people with mental illness (including dementia), learning disability and other mental disorders in Scotland. It is for anyone employed in caring for an individual who, because that person is not capable of making key decisions about his or her own health and welfare, has become subject to the Adults with Incapacity (Scotland) Act 2000. The Mental Welfare Commission (MWC) has legal duties in relation to safeguarding the rights of people who are subject to the welfare provisions of the Act. The guidance focuses on issues relating to welfare guardianship and welfare powers of attorney in care homes and other registered care settings.
Social circumstances reports: good practice guidance on the preparation of social circumstances reports for mental health officers and managers
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2009
- Pagination:
- 13p.
- Place of publication:
- Edinburgh
The Mental Health (Care and Treatment) (Scotland) Act 2003 introduced significant changes relating to the statutory provision of Social Circumstances Reports (SCRs). The Mental Welfare Commission welcomed these changes, which have resulted in an increase of over 50% in the provision of SCRs compared to the number provided under the 1984 Act. The Mental Welfare Commission is concerned about the lack of a strategic approach among most local authorities to assist Mental Health Officers (MHOs) in determining when an SCR should be provided. MHOs need a framework to assist them when using their discretion about whether or not an SCR is produced. The Mental Welfare Commission has identified this area of practice as one where practitioners and managers continue to have difficulty in achieving consistency in the circumstances in which service users, Responsible Medical Officers (RMOs) and the Mental Welfare Commission could expect a report to be prepared. The Mental Welfare Commission has therefore consulted relevant stakeholders and produced guidance on best practice that aims to be of use to practitioners and managers when considering the preparation of a Social Circumstances Report. This guidance may also be of interest to service users, carers, RMOs and advocates.
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 assessment of pain in older people
- Authors:
- ROYAL COLLEGE OF PHYSICIANS, BRITISH GERIATRICS SOCIETY, BRITISH PAIN SOCIETY
- Publisher:
- Royal College of Physicians
- Publication year:
- 2007
- Pagination:
- 13p.
- Place of publication:
- London
Pain is under-recognised and under-treated in older people, and the assessment of pain is particularly challenging in the presence of severe cognitive impairments, communication difficulties or language and cultural barriers. This guidance sets out the key components of assessing pain in older people, together with a range of practical scales that can be used with different groups, including those with cognitive or communication impairment. It aims to provide professionals with a set of practical skills to assess pain as the first step towards its effective management. It describes the background and methodology used, key components of an assessment of pain, and types of scale used to assess pain. It also provides a summary of recommendations in the full guidelines covering: pain awareness, pain enquiry, pain description, pain location and intensity, communication, assessment in people with impaired cognition/communication, cause of pain, and re-evaluation. It notes that the basic guidelines should be a routine part of the training and care provision of all healthcare professionals. The appendices include the guideline development process, an algorithm for the assessment of pain in older people, a pain map, and examples of pain scales.
Suspension of detention: guidance on best practice when suspending compulsory treatment
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2008
- Pagination:
- 8p.
- Place of publication:
- Edinburgh
This is a guide to best practice in the use of suspension of detention under the Mental Health (Care and Treatment) (Scotland) Act 2003. A guiding principle of the Act is that care and treatment should be delivered in a way that is least restrictive of the individual’s freedom. Suspension of detention is a key provision that helps to achieve this for individuals who are detained in hospital. It enables the Responsible Medical Officer (RMO) to suspend a person’s detention, to allow greater freedom and a better quality of life, while still providing the care and treatment he or she needs. Examples of situations where suspension of detention may be used include rehabilitation, compassionate visits, and hospital treatments. Generally, suspension of detention must be granted by the RMO for any time the person spends outside the hospital grounds, regardless of the escort arrangements. This guide considers: what is suspension of detention; who suspends detention; what forms should be used; who must be notified; suspension of detention in practice; and special situations.
Working with independent advocates: good practice guide
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2015
- Pagination:
- 17
- Place of publication:
- Edinburgh
Guidance and case examples to help practitioners understand the role of independent advocacy and provide assistance when dealing with difficult situations. The independent advocate’s role empowers people to play an integral part in decisions about their care and treatment. The Mental Health (Care and Treatment) (Scotland) Act 2003 recognises the importance of independent advocacy in supporting people to ‘have their own voice heard in decisions made about their health and wellbeing’ and enshrines the right of access to independent advocacy for people with a ‘mental disorder’ in law. This document sets out: the right to advocacy; principles of legislation; named person; types of advocacy; role of the advocate; supporting people to access advocacy services; welcoming and supporting advocates; and consent, capacity and information sharing. Appendix 1 outlines the types of advocacy, which include individual advocacy, collective advocacy and carer advocacy. (Edited publisher abstract)
Good practice guidance: provision of hospital treatment for physical illness where a person with a mental disorder refuses treatment
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2010
- Pagination:
- 7p.
- Place of publication:
- Edinburgh
The presence of mental disorder may, for some people, be a barrier to necessary physical health care if the person lacks capacity. This guidance refers specifically to the situation where the person refuses to attend hospital in a situation where others think that such attendance for physical health reasons is necessary. The guidance emphasises the need to carry out a proper assessment of capacity; the need to take account of the views of the individual and other with an interest; and the need to base interventions on an analysis of the risks and benefits, including the risk of not intervening. A flow chart shows the decisions that can be made mental health and incapacity law. Case study examples are also provided.
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.