Consultation on Updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003

The Scottish Government is consulting on proposed updates to parts of volume 1 of the Mental Health Code of Practice, focusing specifically on the use of restraint and seclusion. The consultation will also seek views on updates to chapter 14 and a new chapter 17 of the Code.

Open
84 days to respond
Respond online


Annexes

Annex A: Acronyms, Abbreviations and Definitions

  • The Act: the Mental Health (Care and Treatment) (Scotland) Act 2003.
  • Advance statement: this is a document drawn up in accordance with section 6 of the Act. It is written and witnessed document which is made when the patient is well and which sets out how they would prefer to be treated (or not treated) if they were to become ill in the future. The Tribunal and any medical practitioner treating the patient must have regard to the advance statement. A medical practitioner must also send to the Commission a written record of the reasons why the wishes set out in the advance statement have not been followed.
  • Advocacy services: The right to independent advocacy is an important safeguard to protect the rights of people subject to the Act. Access to independent advocacy is key to ensuring people have their voices heard in decisions about their health and wellbeing.
  • CAMHS: Child and Adolescent Mental Health Services
  • Care plan: this is a document prepared by the patient’s responsible medical officer under section 76 of the Act after a compulsory treatment order has been made. It lays out the forms of medical treatment and the other services the patient will be receiving while subject to the compulsory treatment order.
  • Compulsory Treatment Order : this is an order granted by the Tribunal under section 64(4) of the Act. It authorises any of the compulsory measures listed at section 66(1) for a period of 6 months, if not otherwise renewed. The compulsory treatment order can be renewed for 6 months, then for 12 months thereafter.
  • DMP: Designated Medical Practitioner – this is a medical practitioner appointed by the Mental Welfare Commission under section 233 of the Act. The function of a designated medical practitioner is to provide a second medical opinion with respect to certain medical treatments being given under Part 16 of the Act.
  • AMP: Approved Medical Practitioner - this is a medical practitioner who has been approved under section 22 of the Act by a Health Board or by the State Hospitals Board for Scotland as having special experience in the diagnosis and treatment of mental disorder.
  • ECHR: the European Convention on Human Rights.
  • Healthcare Improvement Scotland: the national authority for the development of evidence – based advice, guidance and standards for health and care professionals.
  • MHO: Mental Health Officer – a registered social worker who has completed specialist training and has an additional qualification in mental health.
  • Mental Health Tribunal for Scotland: considers and determines applications for orders and directions under the Mental Health Act and operates in an appellate role to consider appeals against compulsory measures made under the Mental Health Act.
  • Mental Welfare Commission – an independent statutory body that safeguards the rights and welfare of people with mental illness, learning disability, dementia and related conditions. The Commission monitors how the 2003 Act operates, carries out visits and investigations, publishes guidance and advice, and can raise matters with Scottish Ministers and others.
  • Named person: this is someone nominated by a person in accordance with the provisions of Part 17 Chapter 1 of the Act to support them and protect their interests. The named person is entitled to receive certain information about the person and to act on behalf of the person in certain circumstances and at certain times set out in the Act.
  • NG tube feeding: Nasogastric tube feeding is a way to deliver nutrition, hydration and medication through the gastrointestinal tract through an artificial tube that is inserted into the stomach through the nasal passage.
  • RMO: Responsible Medical Officer – a psychiatrist who must have required qualifications and experience and be approved by a Health Board as having special experience in the diagnosis and treatment of mental disorder.
  • Scottish Mental Health Law Review: the Scottish Mental Health Law Review is a comprehensive review of mental health and capacity law, with over 200 recommendations for change. We have carefully considered Lord Scott’s recommendations and agree more can be done to enhance and protect the human rights of people with mental illness and adults who lack capacity.
  • UNCRC: United Nations Convention on the Rights of the Child.
  • UNCRPD: United Nations Convention on the Rights of Persons with Disabilities.

Contact

Email: mentalhealthlaw@gov.scot

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