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Reforming Mental Health Law
Scottish Executive Newsletter 6 - December 2004

This document is also available in pdf format (80k)

In this Issue

Communications on the new Act
Implementing the Act
Training on the Act
Tribunal Service
Frequently Asked Questions
Keeping in Touch

Welcome

Welcome to the sixth edition of the Scottish Executive's newsletter, 'Reforming Mental Health Law'.

We would like to extend a warm welcome to Geoff Huggins who has recently taken up the post of Head of the Mental Health Division.

In this newsletter, we tell you about the work the Scottish Executive is undertaking to implement the Act including preparations for publication of two further topic guides; local authority update; plans to establish the new Mental Health Tribunal and an update on development of Joint Local Implementation Plans.

News in Brief

• Guides on Advance Statement and Named Person are now available on the Scottish Executive Website.

• The National Programme for Improving Mental Health is working with Local Authorities to find out what more needs to be done to meet the social provisions of the Act.

• Updated Joint Local Implementation Plans are now available on the web.

• Highland User Group has produced a DVD to raise awareness about the issues when subjected to a compulsory treatment order under the Act.

• Training materials for Mental Health Officers now available on the web.

• A comparison of the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003 has been made available on the Scottish Executive web pages, this can be accessed at www.scotland.gov.uk/Topics/Justice/Civil/16360/awimhct

• Learning Network event for Joint Local Implementation Co-ordinators is planned for 8 December at Heriot Watt University, Edinburgh.

• Education and training materials developed by NHS Education for Scotland now available on www.nes.scot.nhs.uk/mha

• Mental Health Tribunal HQ location confirmed to be Bothwell House, Hamilton, South Lanarkshire.

Communications on the new Act

Short Topic Guides

The previous newsletter provided information about the introduction of the provisions of the 2003 Act which allow people to appoint a named person and draw up an advance statement. These provisions came into effect on 4 October. Two guides "A guide to Advance Statements" and "A guide to Named Persons" have been produced to help answer the most commonly asked questions about these provisions. The booklets contain suggested styles which can be used for nominating a named person or setting out an advance statement.

These guides have been widely distributed to voluntary organisations, the Mental Health Welfare Commission and to all Joint Local Implementation Plan Co-ordinators to distribute within their local areas. The booklets are also available from Blackwell's Bookshops and on the Scottish Executive website:

Advance statements: www.scotland.gov.uk/library5/health/mhgas-00.asp
Named persons: www.scotland.gov.uk/library5/mhgnp-00.asp

Implementing the new Act

Local Authority Functions: Care and Support, Promotion of Well-Being, Social Development and Transport

The social provisions in the new Act, specifically those covered in section 26, places a duty on local authorities to provide or secure the provision of hospital and other services for people with mental health difficulties. These services include leisure activities and, for people over school age, opportunities for training and employment.

Nationally a wide range of programmes and departments already provide options for work, training and leisure, suitable to people with mental health problems. However, there are variations in what is available. All local authorities, and partners, will want more information on how they can enhance their services.

The National Programme for Improving Mental Health is working closely with local authorities to find out what types of services are in place which meet the new requirements.

This information will help The National Programme, working with other Scottish Executive Departments, to understand more about the ways in which further help, encouragement and support can be made to develop more and diverse initiatives that offer needs-based opportunities for employment, training and leisure.

If you have information or a view on how current services meet the social needs of people with mental health difficulties in your area, please contact Pippa Coutts at The National Programme for Improving Mental Health and Well-Being on email: pippa.coutts@scotland.gsi.gov.uk , before 8 December 2004.

Joint Local Implementation Plans (JLIP)

Each area has been asked to provide an update on local progress of their plans for implementation of the new Act. If you would like see how your own area is planning and progressing for implementation, click on http://www.show.scot.nhs.uk/mhwbsg/jlip

The ongoing visits by Executive colleagues to areas have been welcomed by JLIP Teams and are seen to add value to the process. The Executive is considering a further programme of visits for next year to continue to support and offer advice to planning teams.

The Scottish Independent Advocacy Alliance: Directory of Advocacy Organisations in Scotland

The Scottish Independent Advocacy Alliance has produced a Directory of Advocacy Organisations. The Directory lists all the different advocacy organisations in Scotland as well as detailing of the type of advocacy provided by each organisation and the groups they work with.

It is anticipated this will be an especially useful tool to mental health professionals in preparation for the new Mental Health (Care and Treatment) (Scotland) Act 2003.

The directory costs 15 plus postage.

If you would like a copy of the directory, please send your details, together with invoice address to: SIAA, 138 - 140 Slateford Road, Edinburgh, EH14 1LR Telephone: 0131 455 8183 Email: enquiry@siaa.org.uk .

Training on the new Act

Highland User Group - Training DVD

The Highland User Group has produced a DVD to raise awareness among professionals and others on how serious mental disorders impact on the lives of service users. The DVD also highlights the issues raised when service users are subjected to a compulsory treatment order under the Act.

The DVD will be included in the range of training materials to be used in the training of Mental Health Officers on the 2003 Act (see later section) and can be used by other training providers involved in implementing the new Act

Copies of the DVD will be distributed to all Joint Local Implementation Plan co-ordinators.

Other training providers interested in using the DVD should contact the Mental Health Law Team for further information. ( see back page for contact details.)

Learning Network

In response to suggestions from JLIP Co-ordinators work is underway to establish a JLIP Learning Network. The Scottish Executive's Mental Health Division is hosting an event on
8 December 2004 at Heriot Watt University, Edinburgh. This inaugural Learning Network meeting will include discussion on :

• Advance Statements

• Crisis Services and Responses

• Workforce design.

Brief, thought provoking presentations will be followed by small workshops where delegates will share current thinking, challenges, developments and perhaps even solutions.

One objective is for all involved to have a better and wider knowledge of approaches explored or adopted across the country. The event sits alongside the developing picture of JLIP inspired events and networking. It is hoped that the event will inspire further such meetings and contacts on particular issues, with outcomes shared through the network of Joint Local Implementation Planning teams.

Further details can be found on www.show.scot.nhs.uk/mhwbsg/jlip

Mental Health Officers (MHOs)

Mention was made in the September edition of the Newsletter that MHO training materials were then about to issue. The materials have now been distributed, and full details of the manuals, case studies and other briefing papers published are all now available from the Mental Health Law website: www.scotland.gov.uk/health/mentalhealthlaw

The latest edition of the Mental Health Officer Newsletter is now available on the Social Work Services Inspectorate web site www.scotland.gov.uk/socialwork/swsi and includes information on:

• proposed Mental Health Officer National Service Standards;

• work at The State Hospital to implement the Human Rights Act;

• updates from the Mental Welfare Commission, Public Guardian's Office and the Civil Law Division of the Justice Department on important research and other developments relating to the Adults with Incapacity Act;

• articles from practitioners on use of the Adults with Incapacity and Mental Health Acts; and

• links to relevant and interesting websites and publications.

NHS Education Scotland (NES)

The first tranche of education/training materials developed within the NES project is web_based and went live on the 1 September 2004. These are available on the NES website under 'INITIATIVES': www.nes.scot.nhs.uk/mha

The website includes case-based scenarios, questions and answers and links to the Codes of Practice and the Act and is accessible to all health service staff, for the purpose of learning how to navigate the Act and Codes of Practice. The materials are designed to raise awareness and help inform decision making in relation to the implications of the Act on practice, and will remain in draft form until the Codes of Practice are finalised.

Plans are underway to develop an electronic educational resource with a self-assessment element and an accompanying paper format which will be accessible by end January 2005.

An Education and Training Workshop for Implementation Co-ordinators was held on 23rd September 2004, the focus of which was using the web-based educational materials and exploring opportunities for collaborative working.

Feedback from this event will be used to review the web-based material and contribute to the decision on a preferred approach in taking forward the electronic resource.

A similar workshop was held to familiarise and update Higher Education mental health programme leaders responsible for training student nurses.

Approved Medical Practitioners (AMPs)

As previously reported, Approved Medical Practitioner's training for the new Act will comprise of a two day programme. Day 1 is a self-directed knowledge based learning module, accessed via the NES website mentioned above. This internet package, which has been based on the draft codes of practice, is designed for AMPs but will be open to all and be available later this year.

Day 2 of the training programme will be an intensive one day event, principally involving small group (25 psychiatrists plus two trainers) workshops. Subjects to be covered include a review of ethics and principles; a Tribunal scene; a rehearsal of form filling; and the service user perspective on detention. The Day 2 will be available from early next year on various dates and locations.

Tribunal Service

HQ Location

Malcolm Chisholm, former Minister for Health and Community Care, announced on 24 September 2004 that Bothwell House, Hamilton in South Lanarkshire would be the location for the Headquarters of the new Mental Health Tribunal for Scotland.

The Headquarters, once established, will provide the office of the President, Chief Executive and, initially 30 - 35 administrative and operational staff.

Bothwell House will also provide a training base and a tribunal suite for hearings to take place.

Until staff occupy the building early in 2005, all correspondence and queries should continue to be sent to Mental Health Tribunal for Scotland, Scottish Executive Health Department, Room 1N:01, St Andrew's House, Regent Road, Edinburgh EH1 1DG or email: mhts@scotland.gsi.gov.uk

Update on Recruitment

Interviews for the post of President of the Mental Health Tribunal have been held. Advertising is underway for both medical and legal panel members and considerable preparation has gone into the logistics of interviewing several hundred candidates for these part time appointments. We hope to complete recruitment of medical and legal panel members soon which will allow us to concentrate on the recruitment of general panel members. We anticipate that this category will attract the largest response to our adverts.

Rules of Procedure

Draft Rules of Procedure Regulations for the Tribunal were issued for consultation in November. As most of the consultees have already seen earlier drafts, the consultation period will be 8 weeks only. If you would like to comment on the draft, please write or e-mail the Mental Health Law Team. (see back page for contact details)

Frequently Asked Questions

What will happen with current orders under the 1984 Act when the new Act is introduced?

We are currently working on the 'transitional provisions' that will provide for the transfer from 1984 Act orders to 2003 Act orders. This requires some further secondary legislation in the Scottish Parliament.

In general we plan that all 1984 Act orders except emergency detention orders will become orders under the new Act immediately. However because the new orders are not identical to those under the 1984 Act there are a number of issues to work through to make sure everyone transfers smoothly. We will issue guidance on these provisions in time for everyone to take any preparatory actions that might be necessary.

When will the final Code of Practice be issued?

The Code won't be ready to lay before the Scottish Parliament until early next year at the earliest, but the draft Code is suitable for training purposes, as we are not making major changes to it. The final Code will be issued before the Act comes into force.

Will the forms for the new Act be made available electronically?

The forms will be made available electronically for completion. However they will have to be printed off to be signed by the MHO or doctor. And they will have to be sent to the Tribunal and the Mental Welfare Commission as paper forms.

All forms will be available as PDF files that can be completed electronically by anyone with Adobe Acrobat reader. As I'm sure you are aware, Acrobat reader is available as a free download, and is fairly standard on most PCs. The forms will be available to download from the Scottish Executive website and possibly also on a CD.

Will Forms 9 & 10 remain or are they superseded by the new treatment plans?

The safeguarding process for treatments for mental disorder which require completion of Forms 9/10 under Part X of the 1984 Act has been updated in the new Act - see Part 16 of the 2003 Act and Volume 1 of the draft Code of Practice on the 2003 Act. There will be new forms replacing Forms 9 and 10 which will perform a similar function.

Keeping in Touch

To comment on this newsletter or any aspect of implementing the new Act, to send us a new question for our question and answer section, or to offer an article for the next newsletter, please contact:

Mental Health Law Team
Scottish Executive Health Department
St Andrew's House, 3:E(N)
EDINBURGH
EH1 3DG
e-mail: mentalhealthlaw@scotland.gsi.gov.uk.
website: www.scotland.gov.uk/health/mentalhealthlaw
To order paper copies of this newsletter, please contact us by e-mail at mentalhealthlaw@scotland.gsi.gov.uk or phone 0131 244 2591.