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The Mental Health Care & Treatment Scotland Act 2003 came into effect on 5th October 2005. This law says how people with a mental illness, learning disability or other mental disorder can be given care and treatment. It says
The law is based on a set of principles. These principles should be taken into account by anyone involved in a person's care and treatment.
For carers, one of the most important principles is the commitment by the Scottish Executive and the NHS to acknowledge the role of carers and the value of their experience while ensuring that they receive appropriate information and advice and have their views and needs taken into account.
A number of safeguards have been introduced by the Act to protect mental health service users and their carers. For example, a new Mental Health Tribunal will replace the Sheriff Court, where appeals and compulsory detention orders were granted in the past. The Tribunal will have three representatives, a legally qualified person, a doctor with experience in mental health and a third ‘lay person’ with other skills and experience, possibly a service user or a carer.
Service users and carers will have a new right to request an assessment of the service users’ needs. Both health boards and local authorities will be required to respond to a request within 14 days. Local authorities will also be required by the new legislation to provide care and support services (including help with learning new skills and looking for employment) for people who have, or have had, a mental disorder.
The new legislation also states that all mental health users must have access to independent advocacy services and new duties will be placed on health boards and local authorities to ensure that such services are available and appropriate for the needs of their users.
Service users will be able to make advance statements, stating how they would wish to be treated if they become unwell in the future and are unable to express their views clearly. These advance statements are not legally binding, but a medical practitioner is obliged to take their contents into account when considering a course of treatment.
Service users aged 16 years or over will be able to choose a named person to support them and to protect their interests in any proceedings under the new Act. If no-one is chosen by the service user, then their primary carer will be their named person. If there is no primary carer, the service user’s nearest relative will be their named person.
The Mental Welfare Commission will have new powers to monitor the implementation of the Act, to encourage best practice, to publish information and guidance, to carry out evaluatory visits to patients, investigations, interviews and medical examinations and to inspect patient records.
This information is intended to give only an outline of the Mental Health Act. For detailed advice and information contact the Mental Welfare Commission on 0800 389 6809 or visit their website by clicking here.
You can also find further information by clicking on the links below:
A short introduction to the new Mental Health Act
Mental Welfare Commission's question and answer section
Carers Scotland also offers an comprehensive training course on the Act, together with courses to raise awareness of mental health issues. To find out more or to book your place, click here.
Page Last Modified: 25/02/2008
