After falling for two years, the number of children and young people reported to the Mental Welfare Commission as being treated for mental illness in non-specialist wards in Scotland rose in 2018 and continues to do so. Section 23 of the Mental Health (Care & Treatment) (Scotland) Act 2003 places on Health Boards in Scotland a legal obligation to provide appropriate services and accommodation for young people who are under the age of 18 years and who are admitted to hospitals for treatment of their mental disorder. Since the implementation of the Act in 2005, the Mental Welfare Commission ..read more

The current Act is from 2003 and while it was thought of as a leading piece of legislation at the time, the changes in the care and treatment of people with mental illness and an increased focus on human rights has caused the Commission to ask for a review for some years. It is thought that support for people with mental health conditions will be strengthened through an independent review of the Mental Health Act. A review group will also make recommendations that reflect people’s social, economic and cultural rights and will consider the future shape of incapacity, mental health and adult sup ..read more

The Mental Welfare Commission recently reported a 4.1% increase in episodes of compulsory treatment for mental health, which means 2017/2018 had the highest number of compulsory treatments since the inception of the Mental Health Act in 2003. There are three detention certificates that make up these compulsory treatments: Emergency detention certificates (EDCs), which are used in critical situations when a person needs to be detained in order to receive urgent specialist care for a mental illness. An EDC means they can be detained in hospital for up to 72 hours and can be issued by any doctor ..read more

A blog assessing whether a power of attorney can overrule patient liberties when they no longer possess the capacity to make their own arrangements When a person with capacity withdraws their consent, this has direct implications on their rights and liberties. However, there seems to be a bit of a grey area surrounding potential POA’s for patients who don’t have mental capacity. While this has definitely been discussed from a legal perspective, it remains a delicate situation which can not always be resolved by established laws. Additionally, this is often complicated by the fact that unique l ..read more

Recently, the Mental Health Tribunal presented its Annual Report to the Scottish Parliament. As a result, we think this is an excellent opportunity to explore some of the most important findings and statistics surrounding detentions and treatment orders. In this blog, we’ll highlight some of the key trends and focus on the implications this can have on the judicial processes surrounding the Mental Health Tribunal. Steady Increase in applications since 2010 The increase in applications has continued steadily since 2010/2011, with a record 4,459 applications made thus far this year. This trend d ..read more

A recent report by the Mental Welfare Commission shows that the use of guardianship orders has increased in Scotland, as has been the case in recent years. These orders are generally used to protect those who lack the capacity to make their own decisions, placing the emphasis on a guardian (usually a relative, carer, or friend) to ensure that their rights and wishes are protected and respected. New statistics reveal that that the number of existing guardianship orders is up by 12% since 2016-17 and now stands at a new high of 13,501. This is coupled with a rise in the amount of guardianship ap ..read more

Under the Mental Health Act of 2003, anyone has the right to appeal decisions taken by the Mental Health Tribunal. In this blog, we’ll take you through this process and which parties are normally involved, be that named persons, the patient themselves, or solicitors and welfare attorneys. Who is involved in the appeals process? The right of appeal applies to a ‘relevant party,’ which is subject to change depending on the specific decision that is being appealed. To summarise, the Mental Health Tribunal states that this almost always includes “the patient, the patient’s named person, any guardi ..read more

When people refuse treatment, they may, in some extenuating circumstances, be detained, or ‘sectioned,’ under the Mental Health Act. This has several important legal implications and, as such, has been widely discussed and elaborated upon in recent years. We’ve made a list of some of the most interesting and relevant facts and findings about detentions under the Mental Health Act. 1. There are three types of civil detentions These are Emergency Detention, Short- term Detention, and a Compulsory Treatment Order (CTO). Emergency Detention allows a person to be held in hospital for up to 72 hours ..read more

Independent Advocacy is an important concept that was widely discussed during the 2015 changes to the Mental Health Act. It has recently surfaced yet again, after recent reports surrounding advocacy planning and implementation revealed that there is still a lot of work to be done. In this blog, we’ll explore what independent advocacy is, why it’s so important, and the impact of these recent findings on its development. The purpose of Independent Advocacy Independent advocacy enables people to exert as much control as possible over their own lives. Crucially, independent advocates are structura ..read more

In 2017 the Policing and Crime Act introduced some significant changes to sections 135 and 136 of the Mental Health Act 1983. Important changes to section 135 and 136 of the Mental Health Act, made by the Policing and Crime Act 2017, came into force on 11 December 2017. The changes to the police powers and places of safety provisions have already be set out. Briefly they are as follows: Section 135 provides for a magistrate to issue a warrant allowing a police officer to enter premises to remove a mentally disordered person to a place of safety. The amended legislation allows an assessment to ..read more