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Publication - Advice and guidance

Memorandum of Procedure on Restricted Patients

Published
4 June 2010
Part of
Health and social care
ISBN
9780755993895

An essential reference document for those who are involved in the management and care of patients subject to a compulsion order with restriction order.

View supporting documents Supporting documents

Footnotes

  1. Part 10 of the 2003 Act covers those patients who are subject to a compulsion order with restriction order, whilst patients subject to a hospital direction or a transfer for treatment direction are provided for at Part 11. The remainder of the 2003 Act applies equally to all such patients as appropriate.
  2. http://www.show.scot.nhs.uk/sehd/mels/1999_5.doc
  3. http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030013_en_1
  4. http://www.scotland.gov.uk2459fd06-3bf8-483c-b0ac-a5417343ca26
  5. http://www.opsi.gov.uk/legislation/scotland/ssi2005/ssi_20050519_en.pdf
  6. http://www.show.scot.nhs.uk/sehd/mels/1999_5.doc
  7. http://www.mwcscot.org.uk/web/FILES/Publications/Mental_Welfare_Inquiry.pdf
  8. www.RMAscotland.gov.uk
  9. http://www.sehd.scot.nhs.uk/mels/CEL2007_13.pdf
  10. www.forensicnetwork.scot.nhs.uk
  11. http://www.sehd.scot.nhs.uk/mels/CEL2007_13.pdf
  12. At the time of writing, provisions for violent offenders are not in force.
  13. http://www.sehd.scot.nhs.uk/mels/CEL2008_19.pdf
  14. most notably the Mental Health (Care and Treatment) (Scotland) Act 2003, the Scottish Government Health Directorate Code of Practice, the Mental Health Tribunal for Scotland Rules of Procedure, the Community Care guidance on care plans for people with mental illness, etc
  15. http://www.scotland.gov.uk/library/documents1/care-00.htm
  16. http://www.show.scot.nhs.uk/sehd/mels/1998_75.htm
  17. http://www.show.scot.nhs.uk/sehd/mels/2000_29final.htm
  18. http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030013_en_1
  19. SSI 2005/519, as amended by SSI 2006/171 and SSI 2008/396
  20. See ANNEX E for contact details of the PMO ( FP).
  21. http://www.mwcscot.org.uk/GoodPractice/Publications/Guidance_documents.asp
  22. http://www.mwcscot.org.uk/web/FILES/Publications/MWCConsenttotreatment.pdf
  23. http://www.mwcscot.org.uk/web/FILES/Publications/Carers_Confidentiality_web.pdf
  24. http://www.mwcscot.org.uk/web/FILES/Publications/SeclusionGuidance.pdf
  25. www.mwcscot.org.uk
  26. See section 230(1) of the 2003 Act
  27. See section 230(4) of the 2003 Act for a definition of "an appropriate act"
  28. Note in particular that the 2003 Act places a statutory duty on the RMO in relevant places to consult the MHO on certain matters.
  29. Section 22 of the 2003 Act
  30. http://www.sehd.scot.nhs.uk/mels/CEL2008_19.pdf
  31. See section 182(3) of the 2003 Act for CORO patients, and section 206(3) for HD / TTD patients
  32. See section 32(1) of the 2003 Act for duty on local authorities to appoint MHOs
  33. See http://www.scotland.gov.uk5f1091c3-5f6e-4b8e-80d9-88f2aa55193a
  34. See Royal College of Psychiatry Reports 1996 CR53. Assessment and clinical management of risk of harm to other people on Risk and 2008 CR150. Rethinking Risk to Others in Mental Health Services
  35. RMA Risk Management Standards and Guidelines are designed specifically for those required to prepare an RMP for offenders subject to an Order for Lifelong Restriction ( OLR). However, the concepts within them may also be developed to have a wider application across offender risk management in Scotland, whether within the criminal justice system or mental heath services
  36. More details available in CEL 13 (2007)
  37. http://www.rmascotland.gov.uk/ViewFile.aspx?id=280
  38. http://www.rmascotland.gov.uk/ViewFile.aspx?id=264
  39. http://www.forensicnetwork.scot.nhs.uk/publications.html
  40. More details available in CEL 13 (2007)
  41. http://www.scotland.gov.uk8d88780e-e14c-42bb-b480-179f9ad793a2
  42. http://www.sehd.scot.nhs.uk/mels/CEL2007_13.pdf
  43. http://www.sehd.scot.nhs.uk/mels/CEL2008_19.pdf
  44. Implementation of the Multi-Agency Public Protection Arrangements ( MAPPA) in Relation to Registered Sex Offenders required by sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005
  45. http://www.sehd.scot.nhs.uk/mels/CEL2008_19.pdf
  46. The lowest level within the reporting year should be reported, ie how many restricted patients have been in the community.
  47. As per footnote 1.
  48. The highest level that a patient has been at within the reporting year should be reported.
  49. As per footnote 1.
  50. under sections 52D, 52M, 53 and 57(2)(bb) of the 2003 Act
  51. ibid
  52. ibid
  53. under sections 36, 44 or 63 of the 2003 Act
  54. Orders previously imposed under the Criminal Procedure (Scotland) Act 1975 and the 1995 Act prior to the introduction of the 2003 Act were automatically transferred over to the corresponding provisions under the 1995 Act as at 5 October 2005 - see Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005, SSI 2005/452
  55. Criminal Justice (Scotland) Act 2003
  56. Section 290(4) of the Mental Health (Care and Treatment) (Scotland) Act 2003, and regulation 24(2) of SSI 2005/467 made under s290.
  57. Note that separate timescales for reporting apply to patients transferred to a hospital from outwith Scotland - see SSI 2005/467 (Part III) in that regard and Chapter 9 of this Memorandum.
  58. Under sections 182(2) and 183(2) of the 2003 Act for compulsion order/restriction order patients, and section 206(2) and 207(2) for those patients subject to a transfer for treatment direction or hospital direction
  59. rule 55(1) of the Tribunal Rules of Procedure
  60. Rules 68(1) or 69(1) of the Tribunal Rules of Procedure
  61. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/mha-Forms/sus1adec2008
  62. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/SUS3bv6
  63. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/SUS3cv6
  64. Application of the absconding provisions in Part 20 of the 2003 Act.
  65. Section 218(4) of the 2003 Act.
  66. Section 218(5) of the 2003 Act.
  67. Section 218(7) of the 2003 Act.
  68. Section 102(1) of the 1978 Act and section 29(4) of the 1984 refer to patients requiring treatment under conditions of special security on account of their "dangerous, violent or criminal propensities". Nb you need to delete that sentence ,and replace it with the last sentence in 9.21 I have deleted "Details of…..act" but can't cut and paste the sentence in.
  69. Reference to information required in the case of an emergency admission to TSH need to fill in the reference
  70. See regulation 24(2) of SSI 2005/467 made under s290 of the 2003 Act.
  71. SSI 2005/467, regulation 13
  72. SSI 2005/467, regulation 11
  73. under section 322 of the 2003 Act (see regulation 15 of SSI 2005/467)
  74. Dependant on what has been decided by the multidisciplinary team as part of their contingency plan
  75. http://www.show.scot.nhs.uk/sehd/mels/2001_9/mdo-00.htm
  76. Cross reference to transferred prisoners
  77. Cross reference to transferred prisoners
  78. See section 197 of the 2003 Act.
  79. Section 185 and 187 of the 2003 Act.
  80. Section 191 of the 2003 Act.
  81. Section 192(2) of the 2003 Act.
  82. www.show.scot.nhs.uk/sehd/publications/dischargeprotocol.pdf
  83. Section 59 of the 1995 Act.
  84. Attached at Annex H (Page 109) is a Patient Guide to the current provisions covering transfer for treatment directions. A glossary of commonly used terms detailing sentencing options and what they mean can be found at Annex D.
  85. Steps set out in Chapter 1 of Part 7 of, and Schedule 3 to, the 2003 Act
  86. Sections 218(3)(b) and 224((3) of the 2003 Act.
  87. Sections 210 and 212 of the 2003 Act
  88. Similarly, where a patient who is a transferred prisoner successfully applies to the Tribunal for revocation of the direction, the Tribunal will direct Ministers to revoke the direction and return the patient to prison to complete the remaining part of their sentence.
  89. Annex D provides explanations of the terms "determinate sentence " and "extended sentence".
  90. As mentioned in paragraph 13.12 above
  91. under section 217(2) of the 2003 Act
  92. section 21 and Schedule 3 of the 2003 Act
  93. by warrant under section 216(2) of the 2003 Act, following revocation of the transfer for treatment direction
  94. Such release would be under section 2(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.)
  95. As amended by the Convention Rights (Compliance) (Scotland) Act 2001
  96. Reference to the serious harm test
  97. Further guidance on hospital directions was issued by the then Scottish Government Health Directorate in NHSHDL (2005) 4.
  98. A list of approved forms can be found at Annex J, and details of their use are contained in the following paragraphs.
  99. Section 188 of the 2003 Act
  100. section 185
  101. section 187
  102. the tests are as set out in Chapter 4 paragraphs 4.10 to 4.14 refer
  103. under section 193
  104. section 191 of the 2003 Act
  105. under section 212
  106. section 210
  107. section 211
  108. under section 210(2)
  109. sections 185(1) & 210(3) of the 2003 Act
  110. sections 187(2) & 211(2) of the 2003 Act
  111. sections 189(2) & 213(2) of the 2003 Act
  112. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/coro1v6
  113. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/mha-Forms/CORO2
  114. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/mha-Forms/HD2
  115. Section 200 of the 2003 Act gives Scottish Ministers the right to vary conditions set by the Tribunal when conditionally discharging a CORO patient under section 193(7) of the Act.
  116. Under section 202 of the 2003 Act, Scottish Ministers may recall a CORO patient from conditional discharge if they are satisfied it is necessary for the patient to be detained in hospital.
  117. Appeals by non-restricted patients are handled by Central Legal Office, the legal advisers to the NHS.
  118. For the full list of persons see section 264(10) of the 2003 Act.
  119. http://www.opsi.gov.uk/ACTS/acts1998/80029--d.htm#29
  120. http://www.ehealth.scot.nhs.uk/wp-content/documents/nhs-code-of-practice-on-protecting-patient-confidentiality.pdf
  121. CEL (2007)8 Sections 10 and 11 of the Management of Offenders etc, (Scotland) Act 2005 :- Implementation of the Multi Agency Public Protection Arrangements ( MAPPA) in Scotland http://www.scotland.gov.uk/Publications/2007/10/03110820/0
  122. http://www.show.scot.nhs.uk/sehd/mels/CEL2008_13.pdf
  123. cross reference
  124. this did state 'significant' although definitions given are for serious incidents
  125. Reference to list of contacts
  126. Notification of Incidents Circular issued by The Scottish Government Health Directorate
  127. http://www.show.scot.nhs.uk/sehd/mels/HDL2002_41.pdf
  128. NHSHDL (2000) 16
  129. see Forensic network report on Incident review http://www.forensicnetwork.scot.nhs.uk/documents/reports/CIR%20Draft%20for%20consultation.pdf
  130. procedures for CIRs can be found in Annex D of the Risk Management Report, circulated under cover of NHSHDL (2000) 16
  131. The Mental Health (Specified Persons' Correspondence) (Scotland) Regulations 2005 ( SSI 2005/408) and the Mental Health (Definition of Specified Person: Correspondence) (Scotland) Regulations 2005 ( SSI 2005/466).
  132. http://www.scotland.gov.uk/Topics/Health/health/mental-health/mhlaw/mha-Forms/goodpracticeguidance
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