Search results for ‘Subject term:"mental health problems"’ Sort:
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Choice, control and recovery: a guide to self-directed support
- Publisher:
- Mental Health Foundation
- Publication year:
- 2009
- Pagination:
- 35p.
- Place of publication:
- London
This booklet is designed for people who experience mental health problems and who are interested in getting access to self-directed support in Scotland. Self-directed support is designed to help people to manage their own social-care support and choose the services that suit them best. The booklet is designed to give information and allow users to make an informed decision about whether to get self-directed support. It also explains how self-directed support can help to manage mental health. Sections are included on: what is self-directed support; how to get self-directed support; how can self-directed support be used; common questions; and local support services.
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.
Autonomy, benefit and protection: how human rights can protect people with mental health conditions or learning disabilities from unlawful deprivation of liberty
- Author:
- PATRICK Hilary
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2008
- Pagination:
- 52p.
- Place of publication:
- Edinburgh
This paper considers how the law and practice in Scotland relating to the care and treatment of people with mental health issues or learning disabilities respects their right to liberty and security guaranteed by Article 5 of the European Convention of Human Rights (ECHR). In recent years the law has changed, with the Adult Support and Protection (Scotland) Act 2007 clarifying the rights of local authorities to make community care arrangements for adults who are incapable of making such arrangements themselves. Helpful guidance from the Scottish Government (the s13ZA guidance) highlights good practice issues. The s13ZA guidance is clear that it is not appropriate to use the new provisions of the Social Work (Scotland) Act where care arrangements may constitute a ‘deprivation of liberty’ within Article 5 ECHR. This paper aims to build on the guidance from the Scottish Government. It deals with areas that the Scottish Government does not cover, for example patients in hospital and people living in their own homes, and outlines areas where further good practice advice could be helpful. The paper is in 5 parts. Part 1 looks at what is meant by deprivation of liberty and the requirements of ECHR law. Parts 2 and 3 look at deprivation of liberty in context and discusses how the rules operate in specific situations. Part 4 considers how the principles of Adults with Incapacity Act law and ECHR law can help form a framework for decision making in these difficult situations and Part 5 draws some conclusions.
Report on incapable adults: report submitted under section 3(2) of the Law Commissions Act 1965; presented to Parliament by the Lord Advocate by command of Her Majesty, September 1995
- Author:
- SCOTTISH LAW COMMISSION
- Publisher:
- HMSO
- Publication year:
- 1995
- Pagination:
- 240p.
- Place of publication:
- Edinburgh
Examines the law in Scotland relating to decision making for people who are unable to decide for themselves, looks at what is wrong with the current system. Goes on to make suggestions and recommendations for improvements.
The development of potential models of advance directives in mental health care
- Authors:
- ATKINSON Jacqueline M, et al
- Journal article citation:
- Journal of Mental Health, 12(6), December 2003, pp.575-584.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
The review of mental health law in the UK has involved consideration of mechanisms for advance directives in mental health care. The aim was to develop potential models of advance directives based on the views of stakeholders in mental health services in Scotland. Focus groups and individual interviews were conducted with service users, professionals and carers who had an interest in advance directives. Leaflets and policy documents from campaign groups and voluntary organisations were collected and along with data generated in interview and group discussion were analysed for themes. Six potential models were developed that highlighted the overarching themes of co-operation versus autonomy and the legal status of any directive. There is a wide variety of opinion about what advance directives could or should bring to mental health care, they are not all achievable through the use of any one model.
Patients' advocacy: the development of a service at the State Hospital Carstairs Scotland
- Authors:
- ATKINSON Jacqueline M., MacPHERSON Kirstine
- Journal article citation:
- Journal of Mental Health, 10(6), December 2001, pp.589-596.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
This article describes the development of an advocacy service and explores the issues involved in advocacy in a maximum secure environment. Using a model of citizen advocacy the service was started in September 1997. Patient involvement throughout the hospital was high with approximately 88% of patients having some contact with the service by January 2000. Most of the issues raised by patients are similar to those in any mental health advocacy project. Entrapment is a particular issue for some patients. Safety and security issues influence every aspect of the service. This ranges from advocates having to do more for patients rather than enable them to do things for themselves (e.g. make telephone calls) to the principle of the patients' wishes being paramount being tempered by security demands.
Mental incapacity and consent to treatment: the Scottish experience
- Author:
- CRICHTON John
- Journal article citation:
- Journal of Forensic Psychiatry, 11(2), September 2000, pp.457-464.
- Publisher:
- Routledge
The paper describes the current state of the law in Scotland relating to the management of adults who do not have the ability to consent to treatment. There are important differences in the nature and content of the common law relating to this subject between Scotland and England, which are described. This is a confusing area of law, which is acknowledged to be in need of reform. The Adults with Incapacity (Scotland) Act 2000 addresses the issue. Briefly describes and discusses the Act.
A law for the 21st century: the adults with incapacity (Scotland) bill
- Author:
- CRAIGMYLE Liz
- Journal article citation:
- SCOLAG Journal, 270, April 2000, pp.8-9.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
The author, Legal Adviser with Enable and member of the steering group for the Alliance for the Promotion of the Adults with Incapacity Bill considers how far the Scottish Parliament's first major piece of legislation meets the needs of those suffering some agree of incapacity.
Making the right moves: rights and protection for adults with incapacity; laid before Scottish Parliament by the Scottish Ministers, August 1999
- Author:
- SCOTLAND. Scottish Executive
- Publisher:
- Stationery Office
- Publication year:
- 1999
- Pagination:
- 36p.
- Place of publication:
- Edinburgh
Statement setting out Scottish Executive plans to introduce comprehensive legislation in the Scottish Parliament to protect the rights and interests of adults who lack capacity because of mental health problems, learning difficulties, or dementia.
The independent review of learning disability and autism in the Mental Health Act: final report
- Authors:
- ROME Andrew, EVANS Catherine, WEBSTER Simon
- Publisher:
- Independent Review of the Mental Health Act Scotland
- Publication year:
- 2019
- Pagination:
- 176
- Place of publication:
- Edinburgh
The final report of an independent review into the Mental Health (Care and Treatment) (Scotland) Act 2003, which was commissioned by the Scottish Government. The review covered: the operation of the 2003 Act and whether it was serving people with autism and intellectual disability well; the increasing the role of psychologists in relation to the Act; the definition of mental disorder under the 2003 Act in relation to learning disabilities and autism; how the Act interacted with the criminal justice system, and the use of psychotropic medication. The review heard from a wide range of people and aimed to give equal value to the views and evidence of people with lived experience and professionals. The report recommends legal and practical changes which can reduce or remove the discrimination that autistic people and people with intellectual disability have experienced under the current Mental Health Act. These included for the Scottish parliament to introduce new legislation and to establish a new commissioner to safeguard the rights of people with autism or learning difficulties. (Edited publisher abstract)