Mental Health (Care and Treatment) Act 2003
The Mental Health (Care & Treatment) (Scotland) Act 2003 was
passed by the Scottish Parliament in March 2003, Malcolm Chisholm
the then Health Minister declared that " this is an auspicious
moment for the Parliament and for everyone with an interest in
mental health in Scotland." This milestone in mental health law
came into effect on the 5th of October 2005 and has contributed to
achieving the ultimate objective of mental health law - to make
sure people with mental health problems can receive effective care
and treatment.
Support information in relation to the Act for service
providers, users and carers is available in the form of:
- The Scottish Government website
- Guide to Named Persons
- A Guide to Advanced Statements
- NHS Education for Scotland have developed on line training
materials for frontline staff.
- The Mental Health Tribunal for Scotland website
- Mental Welfare Commission website
Named Person and Advanced Statements
Service users are encouraged to think about writing their own
advanced statements and nominating a named person so that these
safeguards can influence future care provision. To assist this we
have included a brief introduction to advanced statements and named
persons below:
- Are You a Named Person? A Guide to Supporting the Role of Named
Person
- A Guide to Named Persons
- A Guide to Advanced Statements
The following guidance has been produced by North and South
Lanarkshire Council and NHS Lanarkshire to support staff to meet
their duties in terms of named person and advanced statement:
- South Lanarkshire guidance
- North Lanarkshire guidance
Training
N.E.S "e-learning" training package for the Mental Health (Care
& Treatment) (Scotland) Act 2003 is available to all staff,
carers, service users & anybody with an interest who needs to
be aware of the Act and how it will impact on their everyday
practice.
N.E.S "e-learning" Training Package
Learning can be done at your own pace whenever and however you
want to progress and to the level most appropriate to your sphere
of practice. The main aims of training will be for staff to;
- "Know what"- staff must have an overview of intent - capturing
and embedding the Millan Principles and other key features
- "Know how" - staff must be able to make day to day decisions of
implementation fit with responsibilities under other compliance
requirements ( freedom of information, human rights)
- "Know best" - staff must promote best practice ( information
management , risk assessment )
Principles of the Act
The expectation is that everyone involved in mental health
practice should be aware of the 10 Millan Principles which underpin
the Act . Practitioners must "have regard to them" whenever they
"discharge a function by virtue of the Act", therefore anything
done without regard to the principles could be open to legal
challenge and potentially deemed unlawful (Scottish Executive
2004).
The 10 principles are:
Non-discrimination - People with mental disorder
should, wherever possible, keep the same rights and entitlements as
those with other health needs.
Equality - All powers under the Act should be
exercised without any direct or indirect discrimination on the
grounds of physical disability, age, gender, sexual orientation,
language, religion or national or ethnic or social origin.
Respect for diversity - Service users should
receive care, treatment and support in a manner that accords
respect for their individual qualities, abilities and diverse
backgrounds.
Reciprocity - Where an obligation is imposed on
an individual to comply with a programme of treatment of care, an
obligation is also imposed on the health and social care
authorities to provide safe and appropriate services, including
ongoing care following discharge from compulsion.
Informal care -Wherever possible, care,
treatment and support should be provided to people with mental
disorder without the use of compulsory powers.
Participation - Service users should be fully
involved, so far as they are able to be, in all aspects of their
assessment, care, treatment and support. Their past and present
wishes should be taken into account. They should be provided with
all the information and support necessary to enable them to
participate fully.
Respect for carers - Those who provide care to
service users on an informal basis should receive respect for their
role and experience, receive appropriate information and advice,
and have their views and needs taken into account.
Least restrictive alternative - Service users
should be provided with any necessary care, treatment and support
both in the least invasive and least restrictive way, and in a
place that allows the delivery of safe and effective care, taking
into account the safety of others, where appropriate.
Benefit - Any intervention under the Act should
be likely to produce a benefit for the service user.
Child welfare - The welfare of a child with
mental disorder should be paramount in any interventions imposed on
the child under the Act.