(Scotland) Act 2003 - NES

1 mental Health (Care and Treatment) (Scotland) Act 2003 Learning Resource?????????????Click Here to Access Resource NHS Education for Scotland 2010. You can copy or reproduce the information in this document for use within NHSS cotland and for non-commercial educational purposes. Use of this document for commercial purposes is permitted only with the written permission of in-house by the NES Corporate Communications 1 - Foundations of the 2003 ActUnit 2 - Safeguards, Rights and AppealsUnit 3 - Civil Compulsory PowersUnit 4 - People with mental Disorder in the Criminal Justice SystemAppendicesMultiple Choice QuestionsContents(Click option below to access relevant section)?

2 Activities Tasks Questions OutcomesIntroduction mental Health Act Learning Resource 2010 The mental Health (Care and Treatment) (Scotland) Act 2003, (the Act) was passed by the Scottish Parliament in March 2003 and came into effect in April 2005. At that time the then Scottish Executive commissioned NHS Education for Scotland (NES) to facilitate the design of education/ training resources to help prepare frontline staff in Scotland to understand and work safely and effectively within the Act. NES developed an e-learning resource as well as a paper resource with an accompanying CD-ROM to ensure educational materials were easily accessible for all staff.

3 Since then the Scottish Government continued to monitor the operation of the Act and in 2008 set up an independent group to carry out a limited review of the Act. This group reported to the Scottish Government in 2009 and NES saw this as an opportunity to update the educational resource produced in the outcome of the review has yet to be finalised this resource responds to the issues considered as part of the review and changes in practice since is it for?The main target audience for this revised version is mental Health Nurses working with people with mental health problems, in recognition of the fact that they have specific statutory responsibilities as well as practice responsibilities under the Act.

4 However, as the Principles of the Act apply to all staff it will be equally relevant, to a greater or lesser extent, for other nurses, AHPs and the wider workforce working with people who have mental health problems as well as patients and resource is in four study units:Unit 1 - Foundations of the 2003 ActUnit 2 - Safeguards, Rights and AppealsUnit 3 - Civil Compulsory PowersUnit 4 - People with mental Disorder in the Criminal Justice SystemThe units can be studied in any order but to facilitate effective learning they are best completed in a progressive manner from unit 1-4.

5 The length of time taken to complete each unit will depend on the student familiarity with the Act but should take approximately 4 hours to 1 Foundations of the 2003 ActClick HereMental Health (Care and Treatment) (Scotland) Act 2003 Principles, Roles, Responsibilities and Definition of mental Disorder and Medical Treatment18 IntroductionIn this study unit we shall be considering the background to the 2003 Act, how it came about and what it says in relation to a number of key areas. The foundations of the 2003 Act are the principles upon which it is based. It is essential that anyone carrying out functions under the Act understands these principles and how to apply them in day to day practice.

6 As well as knowing how to act it is also important to know whose responsibility it is to carry out various functions. We shall, therefore, discuss the role of the mental Welfare Commission, the mental Health Tribunal for Scotland and the specific professional roles defined in the Act as well as taking a brief look at the specific duties placed on NHS Boards and local authorities. In addition we will discuss the definition of mental disorder as it is defined for the purposes of the 2003 you work through this unit you will find that as well as reading the text you are asked to undertake various activities.

7 The activities are designed to help you to develop your understanding of the areas under discussion and to think about how the 2003 Act will impact on your practice. Learning OutcomesBy the end of Unit 1 learners should be able to: Appreciate the background and drivers to the mental Health (Care and Treatment) (Scotland) Act 2003 Critically examine the implications of applying the principles upon which the Act is founded for mental health services. Critically examine how the principles of the Act should promote and safeguard the rights of people who use mental health services and families and carers Integrate the principles with ethical and professional Health (Care and Treatment) (Scotland) Act 20039 Patient, resident, patient or client?

8 No-one likes to be categorized in a way that detracts from their individuality. The emphasis now, quite correctly, is on staff, agencies and the people affected by mental illness or learning disability to work together in a collaborative manner towards the person s recovery. However, there are a number of terms used to describe people who are getting help and treatment. Throughout this document, in relation to people being treated under the provisions of the 2003 Act, we use the word patient because this is the term used in the legislation to define a person who has or appears to have a mental to the 2003 ActIn the 1990s there was a growing and widespread recognition in Scotland that the then current mental health legislation (the 1984 Act) was increasingly outdated and in need of reform.

9 This was not surprising given the 1984 Act was itself an update of the 1960 Act which was firmly based in a different era of mental health care where treatment was given in large hospitals and there was less emphasis on the rights of individuals. New legislation was needed that reflected developments in relation to the involvement of patients and carers, modern mental health practice and that, essentially, complied with human rights review of the 1984 Act began in 1999 with the setting up of a committee chaired by the Rt Hon Bruce Millan (the Millan Committee).

10 This committee included mental health patients and carers as well a range of practitioners from both law and mental health practice. The Committee consulted very widely, commissioned research and ultimately published its recommendations in the two years that followed further debate and consultations were conducted on various draft Bills until on the 20th March 2003 the mental Health (Care and Treatment) (Scotland) Bill was passed by the Scottish Parliament. It remains one of the largest (and arguably most complex) pieces of legislation to be passed by the Scottish Parliament to date.