The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Overhaul of mental health laws

17/09/2002

Scotland's mental health laws are to be subject to their most fundamental reform for 40 years in a Bill published today.

Key changes proposed are:

• New procedures for compulsory care and treatment, which will be tailored to meet the needs of the individual patient
• A new mental health tribunal, involving doctors, lawyers and other experts, to make decisions about compulsory care
• Stronger duties on local authorities to provide care and support services to people with mental health problems and learning disabilities
• New rights for mental health service users to have their interests represented by independent advocates

The Bill also updates the arrangements for dealing with the small number of people with a mental disorder who become involved in criminal offences.

Health and Community Care Minister Malcolm Chisholm said:

"The Mental Health Bill is about protecting people when they are at their most vulnerable. It balances people's rights to make their own choices, with the responsibility of society to help people when they may not be able to make decisions for themselves.

"That is a complex and sensitive task, and we have been guided by the landmark report of the Millan Committee, which set out detailed proposals for reform, alongside ten key principles.

"The Mental Health Act currently in place is largely based on reforms introduced in 1960: before the major shift to community-based care, and before the rights of people who use mental health services to have a greater say in their own care and treatment began to be recognised. Furthermore, this Mental Health Bill is specifically tailored to Scottish needs.

"The Bill replaces the 'one-size fits all' procedure for detaining people in hospital with a new, flexible, compulsory treatment order. For some people, that might mean that compulsory care could be delivered in the community. I know that some groups are concerned that this could result in too much power being taken from patients and given to doctors but the intention is the opposite: to ensure that patients can retain as much control over their own lives as possible. That is why the Bill greatly strengthens the legal safeguards for patients and their families.

"Under the Bill, the new Mental Health Tribunal will have to be satisfied that compulsory powers are justified in the context of an agreed care plan. The Tribunal will be an accessible and user-friendly body, and patients will have the right to nominate a 'named person' to represent their interests, and to make advance statements setting out their views on their own care and treatment.

"The Bill is not just about compulsory treatment. It aims to make things better for everyone who uses mental health and learning disability services. For the first time, there will be a legal duty on local authorities and the NHS to ensure that independent advocacy services are available to people who need them. We are also updating the powers of the Mental Welfare Commission, which will have a general responsibility to promote good practice in the operation of the Act.

"The Millan Committee were right to say that the aspirations of the Bill will not be met without substantial improvements in mental health services. The Executive is committing £17.1 million a year to implement the Bill, alongside anticipated additional NHS expenditure of £6 million a year."

Mary Weir, Chief Executive of the National Schizophrenia Fellowship (Scotland), and a member of the Millan Committee, said:

"I'm delighted that so many of the Millan Committee's recommendations have been taken on board by the Executive in a Bill which will culminate in a new mental health law in Scotland, fit for the 21 ^st century. Adherence to the principles outlined by Millan should ensure that interventions under the Act, for people with serious mental illness, will be appropriate, effective and sensitive to their needs and those of their families.

"During the life of the Millan Committee, the difficulty of disentangling problems with the present law from problems with current service provision became very clear. It is crucial that substantially increased resources accompany the introduction of the new Act; resources not only to implement the Act but to ensure that the right services are in place to prevent, as far as possible, the requirement to use the Act."

Dr Jim Dyer, Director of the Mental Welfare Commission for Scotland and another member of the Millan Committee, said:

"I warmly welcome the publication of a new Mental Health Bill for Scotland, which is extensively based on the proposals of the Millan Committee. That committee was broadly based and consulted widely, so there is likely to be a lot of consensus around the new Bill. It is different in important respects from the draft Bill for England and Wales.

"This is a necessary updating of mental health law, allowing involuntary treatment, which is necessary in some cases, to take place without compulsory hospitalisation, in keeping with the move to community care and with modern principles. It will strengthen the rights of users and their carers while giving the right degree of attention to public safety."