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

In this edition we update on the joint local implementation process and how it is changing focus now the Act is in effect, we take a brief look at the research programme, we list the guidance currently available on specific topics and identify what else is being produced and we bid farewell.

In future, all relevant news and guidance on the 2003 Act will be accessible via our website which is regularly updated at: www.scotland.gov.uk/health/mentalhealthlaw

In this Issue

• Implementation of the Act
• Joint Local Implementation
• Communications on the Act
• Delivering for Health
• Mental Health Officer Workforce Survey
• Section 26 Social Inclusion Work
• Mental Health Law Research Programme
• Keeping in Touch

News in Brief

• The 2003 Act was implemented on 5 October 2005 (repealing the 1984 Act)
• The provisions relating to appeals against excessive security will come into effect, as required by the Act, on 1 May 2006

Implemention of the Act

For the Mental Health Law Team the last year has been quite hectic. However, our implementation work is now almost complete as we tie up loose ends. It is important that we know how the Act is working, share good practice and take note of things which might need to be reviewed. We will be working closely with the Mental Welfare Commission who now have a duty to monitor the operation of the Act.

The Act and its associated secondary legislation are accessible through our website.

Guidance has been issued on the transition from the 1984 Act and on the new procedures for cross-border patient transfers. We appreciate that there is a considerable amount of secondary legislation, supporting and in some places amending the Act. We have highlighted this in the Code of Practice and we recommend that you read the sections of the Code which relate to your duties and ensure that you are aware of all the legislation which now applies.

The Code of Practice has been issued to all MHOs, Approved Medical Practitioners and others who requested a copy. Additional copies of the Code can be ordered from Blackwell's Bookshop on: 0131 622 8283 or by e-mailing: business.edinburgh@blackwell.co.uk.

There are a large number of forms in relation to Tribunal applications and notifications to the Mental Welfare Commission and other procedures which we recommend are used. They are designed to guide you through the necessary procedures. All forms are available from our website. Paper copies can be ordered from our stationery supplier, Banner Business Supplies on: 01506 448 417.

All the legislation, volumes of the Code of Practice and other guidance can be viewed through our website - www.scotland.gov.uk/health/mentalhealthlaw. We will continue to update the site with any new guidance and regulations produced.

Joint Local Implementation

All concerned continue to work to deliver the provisions of the new Act. The new arrangements are now largely in place and operational though some issues remain for attention and resolution locally.

Given the progress made we are now reverting to quarterly returns to monitor progress under the delivery indicator process. The January returns will be published on the web and the next returns will be invited for 3 April 2006 at www.scotland.gov.uk/Topics/Health/health/mental-health/servicespolicy/DeliveryNetwork/intro

Next steps

Again, given the progress made locally and nationally, we are now considering change to the delivery aspects that feature in the ongoing monitoring arrangements. The changes will reflect and give prominence to those aspects which can be expected to provide a positive and early change for the users of services. The changes will also reflect the parallel consideration and attention to mental health contained within Delivering for Health.

We are in touch with the Joint Local Implementation Coordinators and through them the networks they represent on the latest, but not yet final, draft of the aspects for forward attention. These will evolve further both as progress is made with individual aspects and as outcomes arise from the work on Delivering for Health and as attention continues on other dimensions covered. For example publication of the planned national standard for crisis services, will inform what should replace the existing crisis aspect within the delivery indicator.

Communications on the Act

There are 11 guides for service users and carers currently available and they can be viewed on our website (www.scotland.gov.uk/health/mentalhealthlaw) and may be freely copied from there. The website also holds community language text translations of "The New Mental Health Act, What's it all about? - A short introduction". Audio translations are also available from the Mental Health Law Team. Copies of all booklets are available free of charge from Blackwell's Bookshop.

They are:

• The New Mental Health Act - A guide to advance statements
• The New Mental Health Act - A guide to compulsory treatment orders
• The New Mental Health Act - A guide to consent to treatment
• The New Mental Health Act - An easy read guide
• The New Mental Health Act - A guide to emergency and short-term powers
• The New Mental Health Act - A guide to independent advocacy
• The New Mental Health Act - The role of the Mental Welfare Commission
• The New Mental Health Act - A guide to named persons
• The New Mental Health Act - A guide to the roles and duties of NHS Boards and local authorities
• The New Mental Health Act - A guide for people involved in criminal proceedings
• The New Mental Health Act - What's it all about? A short introduction

The Communications Working Group is continuing to work on producing further guides and the following will be published over the coming weeks:

• The New Mental Health Act - An introduction to the Mental Health Tribunal for Scotland
• The New Mental Health Act - The rights of carers
• The New Mental Health Act - The role of the Mental Health Officer
• The New Mental Health Act - Putting principles into practice
• The New Mental Health Act - A guide to appeals

The Executive have also commissioned the Scottish Consortium for Learning Disability to produce an illustrated easy read summary of all the topic guides and this will be published in the next few months. In order to be added to the distribution to receive copies when available, please e-mail mentalhealthlaw@scotland.gsi.gov.uk with full address details and quantities required.

Delivering for Health

Delivering for Health sets out a series of steps intended to improve both mental health and the delivery of mental health services in Scotland.

Delivering change will rely on partnership consideration, planning and delivery to bring about the sustained improvements needed. We will be working with all partners to deliver these expectations within the timetables set out in Delivering for Health. National events will also be arranged through the year linked to the delivery agenda. The first is planned for 26 April, the others are pencilled in for September and December.

The commitments in Delivering for Health for mental health include the following:

Bring together the work to improve mental health services in a National Mental Health Delivery Plan.
By 2006

An evidence-based practice guide on depression will be produced for primary care together with proposals for how the Doing Well by People with Depression work will be rolled out across Scotland
By 2006

National standards will be developed and published for crisis services and out of hours work, based on the crisis pilots funded by the Executive.
By 2006

A national and regional analysis of specialist service needs will be prepared together with an assessment of the action and timetable required to meet those needs.
By 2006

National Standards will be developed for Integrated Care Pathways ( ICPs) for the main diagnoses with implementation of the standards to be accredited by NHSQIS.
By 2007

The Forensic Mental Health Managed Care Network will put in place delivery of the new local forensic psychiatric services and accommodation including medium secure units and the related redevelopment of the State Hospital.
By 2009

Children and Young People's Mental Health: A Framework for Promotion, Prevention and Care will be implemented adopting agreed timetabled milestones.
By 2008 and 2010

National Programme for Mental Health and Well-being will continue a focus on population mental health, promoting positive mental health, tackling stigma and discrimination and improving the quality of life and social inclusion of those experiencing mental illness.
Ongoing

Work to improve the physical health and well-being of those with mental illness will continue including work on smoking cessation, diet and physical activity.
Ongoing

Mental Health Officer Workforce Survey

The 2005 Workforce Survey is to be repeated later this year. The revised questionnaire for 2006 will be sent out with a copy of last year's report, which demonstrates a great variation of MHOs to population.

It is proposed to amend the 2005 Survey questions as follows:

• to remove all questions about social workers and obtain this information from the Education Department's Workforce Survey;
• to remove questions about time spent by social workers on mental health work as the answers were speculative;

• to revise the list of teams;
• to add a question about numbers currently training as MHOs;
• to ask for an estimate of actual time spent on MHO work by MHOs, to form a full-time equivalent figure. It will be suggested that all time spent by MHOs in specialist mental health teams can be counted as full-time equivalent, even though it is not all statutory work, because for the mental health world, they are full-time available as MHOs, unlike those in other roles, e.g. child care or criminal justice ;
• to continue to ask the question about exclusive MHOs to focus on those having a statutory full-time role;
• to ask if there is a shortfall of MHOs in each area: i.e. a gap between real available time and what is felt each Authority needs. This may be challenging but in forward planning terms should be something MHO Managers should have a view on.

Section 26 Social Inclusion Work

A consultative/working group has been formed and is focusing on a programme of work that is in train.

There is an intention to have part of the "Well on the Web" ( www.wellscotland.info) website to include an area on Section 26 and inclusion to include relevant references and research information.

Training continues across Scotland around Section 26 and social inclusion, and a recall day is planned for the 14 June 2006 for those who attended either round. This will be a participative day in which many organisations will be invited to share their developing work.

Further information is available from Linda Reid, Senior Liaison Officer linda.reid@scotland.gsi.gov.uk.

Mental Health Law Research Programme

As one of a number of initiatives set in place to support the implementation of the new legislation, the Scottish Executive has established a dedicated programme of mental health law research. The Mental Health Law Research: Update and Agenda 2005-2007, published in December '05, gives an update on work conducted to date, summarises the areas within which research will be conducted to assess the impact of the new Act and encourages stakeholders to contact the research team and become involved.

The research programme will continue to support, evaluate and assess the impact of the new legislation over 2006 and 2007, providing outputs ranging from assessment of simple monitoring information to in-depth service users experiences of living under the new Act. Anyone with an interest in participating in the research programme should express their area of interest to the research team at the contact details below. The update and agenda also contains an expression of interest form in Annex 1, which can be completed and returned to the research team.

The update and agenda is available at the following link: http://www.scotland.gov.uk/Resource/Doc/47121/0020647.pdf and hard copies can be obtained by contacting Jamie Pitcairn on 0131 244 3709 or at jamie.pitcairn@scotland.gsi.gov.uk.

Keeping in Touch

Although this is the last newsletter the team can continue to be contacted at:

Mental Health Law Team
Scottish Executive Health Department
St Andrew's House, 3:E(R)
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.