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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].
AWI Act monitoring 2013/2014
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2014
- Pagination:
- 32
- Place of publication:
- Edinburgh
An annual statistics report on the use of the Adults with Incapacity (Scotland) Act 2000. The report examines the geographic variations in the use of welfare guardianship, the age and diagnosis of people placed on guardianship, the duration of guardianship orders applied for by applicant, variations in indefinite orders by age and diagnosis, and geographic variations in orders approved on an indefinite basis. It shows that the number of new and existing orders continued to rise although there was a further significant reduction in the granting of orders on an indefinite basis. The percentage of orders granted where the cause of the adult’s incapacity was dementia fell to 45 per cent, down from 46 per cent the previous year. Conversely, there was an increase from 41 per cent to 44 per cent of orders where the incapacity was caused by a learning disability, reflecting a continuing trend over the past several years where welfare guardianship is being used for an increasingly younger population. (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.
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)
Mental Welfare Commission for Scotland: summary of outcomes from focussed visits 2010-11
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 19p.
- Place of publication:
- Edinburgh
Between April 2010 and March 2011, the Commission undertook 87 focussed visits to people receiving care for mental health problems or learning disability in various settings. A total of 301 recommendations for improvement were made following these visits. When followed up, it was found that services had taken satisfactory action in 76% of cases. This paper reports on the main issues emerging from 74 of those visits, and specific examples of improvements made by these services after the visits. These 74 visits were to people receiving treatment in the following types of care settings: intensive psychiatric care and secure units; care facilities for people with learning disability; older people in hospital; older people in care homes; people with mental disorders in prison; young people's care facilities; mental health continuing care and rehabilitation facilities; and adult acute admission wards. Many of the recommendations addressed principles of Scottish mental health and incapacity legislation, the articles of human rights legislation and other international conventions. The most common issues raised were: care environments that did not appear to meet people's right to privacy and dignity; care plans that did not appear to comply with the principles of maximum benefit, participation and the range of options available; and lack of attention to physical health.
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.
Mental Welfare Commission for Scotland annual report 1998-99
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 1999
- Pagination:
- 81p.,bibliog.
- Place of publication:
- Edinburgh
Annual report of the Mental Welfare Commission for Scotland. The Commission has a statutory duty, under the Mental Health (Scotland) Act 1984, to protect people with learning difficulties or mental health problems from abuse, poor care, and inappropriate detention.
The right to advocacy: a review of how local authorities and NHS Boards are discharging their responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2018
- Pagination:
- 53
- Place of publication:
- Glasgow
This report investigates access to independent advocacy services for people with mental health problems, learning disability, dementia and related conditions in Scotland. It is based on information received from health boards, local authorities, and from the new health and social care partnerships (HSCPs). The report also investigates whether the integrated children’s services plans of local authorities cover the provision of independent advocacy services for children and young people with mental illness, learning disability or related conditions. The results show that the planning and provision of advocacy services across Scotland is variable and lacks clarity. It found services for adults were often prioritised for those who were receiving compulsory care or treatment .There is a lack of clarity on which organisation is responsible for co-ordinating the preparation of strategic advocacy plans, and on how advocacy providers and people using advocacy services will be involved in planning. The report identifies significant gaps in service provision for children and young people, with some of the services not providing independent advocacy and very restricted eligibility criteria. (Edited publisher abstract)
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.