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Limited Review of the Mental Health (Care and Treatment) (Scotland) Act 2003: Report

DescriptionReview of the 2003 Act consultation
ISBN
Official Print Publication Date
Website Publication DateAugust 07, 2009

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As Presented to Scottish Ministers March 2009
ISBN 978 0 7559 7616 4
This document is also available in pdf format (900k)

Contents

CHAPTER ONE INTRODUCTION
Membership and terms of reference
Brief history of the 2003 Act

CHAPTER TWO ADVANCE STATEMENTS
Background
Problems identified
Recommendations

CHAPTER THREE INDEPENDENT ADVOCACY
Background
Problems Identified
Discussion
Recommendations

CHAPTER FOUR NAMED PERSONS
Background
Role of named person
Problems identified
Other concerns
Possible solutions
Discussion
Recommendations

CHAPTER FIVE MEDICAL MATTERS
Medical examinations for compulsory treatment orders
Background
Problems identified
Possible solutions
Discussion
Recommendations
Medical examinations - conflict of interest
Problems identified
Discussion
Recommendation
Revocation of emergency detention certificates
Problems identified
Current arrangements
Discussion
Recommendation
Compulsory treatment orders - suspension of hospital detention requirement
Problems identified
Current arrangements
Discussion
Recommendations
Consent
Problems identified
Discussion
Care plans
Problem Identified
Discussion

CHAPTER SIX TRIBUNALS
Background
Multiple hearings
Background
Problems identified
Consideration of the problems identified
Discussion
Option 1
Option 2
Recommendations
Excessive formality and legality
Discussion
Recommendations
Availability, quality and style of legal representation
Discussion
Recommendations
Independent advocacy
Discussion
Recommendations
Interpretation
Discussion
Recommendation
Appeals and review right of the President
Time limits for appeals
Recommendations
Review right of President
Production of independent reports
Recommendations
Recorded matters at the interim order stage
Recommendations
Issues now resolved
Conclusion
Recommendations

CHAPTER SEVEN OTHER ISSUES

FULL LIST OF RECOMMENDATIONS
Chapter Two Advance Statements
Chapter Three Independent Advocacy
Chapter Four Named Persons
Chapter Five Medical matters
Chapter Six Tribunals

APPENDIX A Biographies
APPENDIX B Principles Of the 2003 Act