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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.
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.
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 procedure guide: the transfer and remission of adult prisoners under s47 and s48 of the Mental Health Act
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2011
- Pagination:
- 37p.
- Place of publication:
- London
The aim of this procedure guide is to facilitate timely access to appropriate treatment for prisoners under the Mental Health Act. It covers the process for transferring and remitting remand, unsentenced and sentenced adult prisoners and Immigration Act detainees to and from inpatient treatment under the Mental Health Act. Developed in collaboration with partners from the NHS, Care Quality Commission, Prisons Inspectorate, Royal College of Psychiatrists, Royal College of Nurses, National Offender Management Service, Prison Service and Ministry of Justice, it is intended to promote good practice and support effective joint working between the agencies involved in transfer and remission processes. It includes guidance on determining commissioning responsibility, defining the transfer clock start and stop times, the transfer process, late in sentence transfers, access to the prison estate for visiting health professionals, the legal framework governing prison transfers, and remission to prison. It also provides flowcharts showing the steps required to achieve a good practice time frame for the completion of transfer and remission processes.
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.
Independent mental health advocacy: guidance for commissioners
- Author:
- NATIONAL INSTITUTE FOR MENTAL HEALTH IN ENGLAND
- Publisher:
- National Institute for Mental Health in England
- Publication year:
- 2008
- Pagination:
- 55p.
- Place of publication:
- Leeds
This commissioning guide has been prepared for the introduction of Independent Mental Health Advocate (IMHA) services on 1 April 2009. Under provisions introduced by the Mental Health Act 2007, qualifying patients in England will have access to help from an IMHA. IMHAs are an important new safeguard that will help and support patients to understand and exercise their legal rights. This guidance is designed to support commissioners in preparing for this new statutory service by providing a reference document to the legal and practical issues to be considered when commissioning IMHA services. It outlines the statutory IMHA role, discusses good practice for IMHA services and outlines the commissioning process required to ensure high quality IMHA services are provided for qualifying patients. Equality issues are considered throughout the document.
Mental health legislation and human rights
- Author:
- WORLD HEALTH ORGANIZATION
- Publisher:
- World Health Organization
- Publication year:
- 2003
- Pagination:
- 49p., bibliog.
- Place of publication:
- Geneva
Mental health legislation is necessary for protecting the rights of people with mental disorders, who are a vulnerable section of society. They face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rightswill be violated. Mental disorders can sometimes affect people’s decision-making capacities and they may not always seek or accept treatment for their problems. Rarely, people with mental disorders may pose a risk to themselves and others because of impaired decision-making abilities. The risk of violence or harm associated with mental disorders is relatively small. Common misconceptions on this matter should not be allowed to influence mental health legislation. Mental health legislation can provide a legal framework for addressing critical issues such as the community integration of persons with mental disorders, the provision of care of high quality, the improvement of access to care, the protection of civil rights and the protection and promotion of rights in other critical areas such as housing, education and employment. Legislation can also play an important role in promoting mental health and preventing mental disorders. Mental health legislation is thus more than care and treatment legislation that is narrowly limited to the provision of treatment in institution-based health services. Part of a series on good practice in mental health care.
Mental health and drugs: a drug worker's guide to working with service users who have a mental illness
- Author:
- VOSE Colin
- Publisher:
- HIT
- Publication year:
- 2005
- Pagination:
- 40p.
- Place of publication:
- Liverpool
This book is for practitioners who work in drug and alcohol services or other settings such as health, social care and criminal justice. It gives an overview of the link between drug misuse and mental health. The booklet covers the following topics: mental health problems; commonly prescribed medication for mental health; mental health services - what do they do?; drug use and mental health - dual diagnosis; roles of the drug worker - responding to drugs and mental health issues; and summaries of mental health law, standards and guidance.