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Comparison of the Adult Support and Protection (Scotland) act 2007 (ASP) with the Adults with Incapacity (Scotland) act 2000 (AWI) and the Mental Health (Care and Treatment) (Scotland) act 2003 (MHCT)
- Author:
- SCOTLAND. Scottish Government
- Publisher:
- Scotland. Scottish Government
- Publication year:
- 2009
- Pagination:
- 10p.
- Place of publication:
- Edinburgh
Three related Scottish act, the Adult Support and Protection (Scotland) Act 2007 (ASP), the Adults with Incapacity (Scotland) Act 2000 (AWI), and The Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT) are compared. Three tables are presented providing short extracts from each of the acts for comparison purposes. The extracts have been rephrased for ease of understanding. The tables cover who is subject to the provisions of the ASP, AWI and MHCT, short overview of orders, warrants and certificates, the principles of the acts, the duty to investigate/inquire, the duty to co-operate, entry to premises and visits, medical assessment, examination or treatment, examination of records, banning orders or interdicts, urgent action, and financial interventions.
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)
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.
Use of the Mental Health Act in children and young people with a intellectual disability
- Author:
- RIPPON Lisa
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 7(2), 2013, pp.82-87.
- Publisher:
- Emerald
Drawing on relevant literature, legislation and guidance, this article summaries the legislation in place within England and Wales concerning the care and treatment of children and young people with an intellectual disability. It also provides a brief outline of the equivalent law in Scotland. It seeks to describe how the age of a young person will determine which piece of legislation should be used to ensure an admission into an inpatient Child and Adolescent Mental Health Unit will be lawful. It also seeks to consider the role of those with parental responsibility in the decision-making progress and discuss which components of a proposed treatment plan they would or would not be able to consent to on behalf of those children and young people in their care. The results found legislation governing the admission and treatment of children and adolescents with an intellectual disability to be complex. All clinicians working with those under the age of 18 should have knowledge of the relevant legislation to ensure that the rights of children and young people are upheld. (Edited publisher abstract)
Accessing and maintaining legal representation for persons with mental disorder
- Author:
- STAVERT Jill
- Journal article citation:
- SCOLAG Journal, 393, July 2010, pp.143-147.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
It is vital that a person with mental disorder has equal access to the law without discrimination, whether or not they have capacity. This article examines issues relating to mental disordered persons and legal service provision. In particular it considers the extent to which legal service provision should be provided, overseen and enforced by the state, and the extent to which the legal professional regulates itself nationally in terms of provision and quality of services. As well, as access to legal representation, the adequacy of the representation is also considered. The article describes international law standards from the UN Convention on the Rights of Persons with Disabilities (CRPD) and the European Convention on Human Rights (ECHR). In terms of national professional standards in Scotland, it describes the guidance on non-discrimination from the Law Society of Scotland. The article concludes that international professional and human rights standards and guidance go some way to protect the interests of persons with mental illness and learning disabilities with relation to legal representation. However, these rights tend to focus on criminal cases and psychiatric detention where a person’s liberty is an issue, and are less clear when it comes to civil matters.
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.