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Section 8. Responsibilities of Statutory Bodies
in Administering the 2003 Act
A number of statutory bodies have defined
responsibilities under the 2003 Act. These include:
- The Mental Welfare Commission which is set up by
parliament to exercise protective functions in Scotland
for people with a mental disorder. This is principally
done via the 2003 Act, and the Adults with Incapacity
(Scotland) Act 2000. For example, the Commission can
revoke a short-term detention certificate, extension
certificate, interim
CTO,
CTO or compulsion order. The Mental
Welfare Commission also has responsibility to promote
best practice and monitor and report on use of the 2003
Act.
- NHS Boards which are required to
maintain and update lists of
AMPs. Section 230 states that
hospital managers must appoint an
AMP to act as a patient's
responsible medical officer 'as soon as is reasonable
and practicable'. Managers of medical/surgical
hospitals will therefore need to have arrangements to
provide
AMPs in place, and medical/surgical
consultants should not discharge a detained patient
without prior revocation of detention by the appointed
AMP.
NHS Boards have a responsibility to
provide adequate services for mentally disordered children
(those under 18 years), and a duty to provide services to
allow mothers in hospital with post-natal depression or
other peri-natal mental disorder to be placed with their
children under one year old, where clinically
appropriate.
- Local authorities have a duty to promote the
well-being and social development of people with mental
disorder outwith hospital, and facilitate
socio-cultural and recreational activities for those in
hospital. This would include help with travel to
facilities.
Local authorities have a duty to appoint a sufficient
number of
MHOs, and ensure that one is allocated
to each detained patient.
The Code of Practice to the 2003 Act recommends that
localities develop appropriate 'Psychiatric Emergency
Plans' (
PEPs) in consultation with the
multidisciplinary team, local agencies (such as police and
ambulance services and
MHOs) and user and carer groups. These
PEPs would detail the process for
detention and transfer of patients in a safe, calm and
dignified manner.
Local authorities' duty to inquire deals with orders to
gain access to remove individuals who are thought to have a
mental disorder, including:
- Local authorities' duty under Section 33 to inquire
into the situation of a mentally disordered person over
16 years of age who may be vulnerable to neglect or
ill-treatment.
- The
MHO can apply to a sheriff for
Section 35 warrants, which confer powers of access and
detention for assessment and allows access to medical
records, but not the removal of the person.
- The
MHO can apply to a sheriff for power
to grant a removal order under Section 293 to remove a
mentally disordered person to a place of safety and
detain him or her there for up to 72 hours.
- Power invested in an authorised (Section 292)
individual to remove a mentally disordered person to a
place of safety, including allowing police to open
locks.
- Power given to police (under Section 297) to remove
a mentally disordered person from a public place to a
place of safety.
Approved medical practitioners are not directly involved
in these sections.
- Independent advocacy services. Local authorities,
NHS Boards and the State Hospital
have a duty to secure independent advocacy services for
people with mental disorder. Advocacy is support and
representation enabling influence over care and
welfare.
Advocates do not determine what a person's 'best
interests' may be. They should be permitted to:
- Attend meetings or consultations regarding
treatment.
- Receive appropriate correspondence and other
information.
- Have reasonable access to their client.
Independent advocates should be independent to the
patient, meaning they should not be care providers.
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