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National Mental Health Services Assessment
Locality Reports

Annex A

MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

We are writing jointly to invite the co-operation of NHS Boards and Local Authorities in planning for implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Ministers have now confirmed that the majority of the Act's provisions will come into effect in April 2005. A copy of the Press Release of 19 November is enclosed. This means that we have just under 18 months to ensure that the necessary processes are in place, that staff have been trained and that the appropriate range and quality of mental health services are in place. The Department has also published an Introduction to the Act, together with the second of a planned series of newsletters on implementation. This Guide is intended to contribute to plans to put in place the processes necessary to deliver the Act's provisions. This letter deals specifically with planning for mental health services.

Dr Sandra Grant's Assessment

As you will recall, Ministers commissioned Dr Sandra Grant to carry out a comprehensive assessment of existing mental health provision. Dr Grant is completing an Interim Report which sets out key themes from her work together with individual locality reports for each NHS Board area. The Interim Report will be published shortly. However, we thought it would be helpful to set out next steps on implementation now.

Joint Implementation Plans

We would be grateful if you could draw on evidence about the services in your area, including Dr Grant's assessment when it is available, to prepare a joint implementation plan. This plan should set out how NHS Boards and Local Authorities, with other partners, intend jointly to ensure that services will be ready to meet the requirements of the new Act, without detriment to the generality of mental health services. The plans should build upon and adopt the principles set out under the Joint Future initiative not least to reflect joint management and joint delivery approaches. The structure in place already for joint agency working will be of benefit in the preparation and planning of these plans.

Resources

Significant resources have already been allocated to Local Authorities to support developments necessary to implement the new Act. The Department's letter of 16 January 2003 referred to 2m capital in each of the next two financial years and included the following table:

Ministers expect that NHS Boards will need to invest additional monies in mental health services in order to ensure effective implementation of the new Act. This investment will need to be drawn primarily from planned increases in overall allocations to NHS Boards.

However, Ministers have also decided to allocate new money to NHS Boards to assist with service planning and development. This fulfils commitments in Partnership for a Better Scotland. The additional resources are:

In the current year, the Executive will retain some 250,000 to support national initiatives. The remaining 750,000 will be distributed to NHS Boards on an agreed formula basis to support preparation of joint implementation plans.

Resources in future years are likely to be allocated in a similar way, but this will be informed by the joint implementation plans.

Process, Timetable and Monitoring Arrangements

We would like joint implementation plans to be developed by NHS Boards in partnership with local authorities, voluntary organisations and local user and carer representatives. The process and outcomes should reflect and build upon joint management and joint delivery approaches and follow the principles set out under the Joint Future initiative. The plans should identify priorities for developments in services and set out in clear terms the individual actions proposed which should be costed, timetabled and show agreement on agency responsibilities for delivery.

As a first step, can you please let David Bolger or Phil Harley in the Mental Health Division (0131 244 3749) know as soon as possible the name and details of the lead officer for development of the plan. The target for completion of the plans, which are also to be submitted to the Mental Health Division, is 31 March 2004.

Please also contact David or Phil if you have any queries about this letter.

Progress on the plans, and in particular additional investment in services, will be closely monitored.

Yours sincerely

19 November 2003

MINISTER OUTLINES WAY FORWARD FOR IMPLEMENTATION OF MENTAL HEALTH ACT

- Chisholm announces further 15 million funding for mental health services -

Health Minister Malcolm Chisholm today confirmed the implementation dates for provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 and announced new funding of 15 million for mental health services in Scotland.

He confirmed that, following a consultation exercise earlier this year, the Act's main provisions will become effective in April 2005. In addition, he confirmed that:

• provisions to allow service users to appoint Named Persons and to draw up Advance Statements will be introduced in October 2004;

• the right of appeal for patients detained in excessive security will be implemented in May 2006.

The Minister also announced that the additional 15 million will be made available to partner agencies, through NHS Boards, to work together to meet Partnership Agreement commitments for developing mental health services, including crisis services. This means a total of 45 million funding - 30 million has already been allocated to local authorities - to support planning and implementation of the new Act.

Mr Chisholm said:

"The Royal Assent of this groundbreaking Act represented the conclusion of one stage for renewing mental health law in Scotland and the beginning of another. The implementation of the new Act is about ensuring the benefits offered by the Act are achieved in reality. A great deal of progress has already been made both nationally and by local agencies, and we are supporting all the agencies involved to work together to achieve the goals of the Act.

"At the heart of the success in achieving the aims of the new legislation will be the development of services and support which meet the needs of those with mental health problems in communities in Scotland in the 21 ^st century. I am pleased to announce that 15 million of Partnership Agreement funds will be allocated to meeting the commitments for planning and delivering mental health services set out in Partnership for a Better Scotland.

"Joint Local Implementation Plans are to be prepared by April 2004 and this new, additional money will also help NHS Boards, local authorities and their partners in voluntary organisations - and of course users and carers - in the development of these. The plans will identify those priorities for the provision of services and set out the actions to be taken to ensure these are delivered. It is important these joint plans reflect and build upon the joint management and delivery approaches which follow the principles of the Joint Future initiative."

The Executive's guide to the Act - Introduction to the Act - and the second edition of the Reforming Mental Health Law newsletter are also published today. These provide further information on provisions of the new legislation and are intended to help all those involved in the implementation of the Act and in the planning and use of services.

The Minister added:

"The measures I have announced today run alongside other developments for mental health services already underway . For example, work is in progress to support users and carers to ensure independent advocacy is available as envisaged by the Act. Furthermore, the new National Mental Health Workforce Group is working to address issues of recruitment, retention and training for those involved in providing care and support to those with mental health problems.

"I am also pleased to say that the Mental Health and Well Being Support Group will now have an enhanced role. The Group will co-ordinate the Executive's work on service development at national level and will provide support to NHS Boards and their partners for their local planning."

Notes to Editors

2. The Mental Health (Care and Treatment) (Scotland) Act 2003 received Royal Assent on 25 April 2003. The Scottish Executive announced consultation on dates for implementation of the Act on 19 June 2003.

4. Introduction to the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Newsletter 'Reforming Mental Heath Law' can be accessed at www.scotland.gov.uk/health/mentalhealthlaw. Paper copies can be obtained from Ryan Stewart on 0131 244 2591 or e-mail ryan.stewart@scotland.gsi.gov.uk

6. The 15 million Partnership Agreement funds will support commitments made in Partnership for a Better Scotland and will be allocated for a three year period. Partnership Agreement funds were announced on 11 September 2003.

Internet: www.scotland.gov.uk

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