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1 Some terms used in this guide
The Act: The Mental Health (Care and Treatment) (Scotland) Act 2003.
Advance statement: this is a written statement, drawn up and signed when the person is well, which sets out how he/she would prefer to be treated (or not treated) if he/she were to become ill in the future. It must be witnessed and dated. The Tribunal and any medical practitioner treating the person must have regard to an advance statement but are not bound by it. If the wishes set out in an advance statement have not been followed by the medical practitioner or the Tribunal, they must send to the patient, the patient's named person and the Mental Welfare Commission a written record giving the reasons for this. There is a separate topic guide that explains advance statements in more detail.
Compulsory treatment order ( CTO): this is an order which is granted by the Tribunal. It can include a number of different requirements including detention in hospital, compulsory treatment and attending services in the community. It will last initially for 6 months and can then be renewed for a further 6 months, then for periods of 12 months.
Curator ad litem: this is someone who may be appointed in certain circumstances to represent the patient's interests in Tribunal proceedings where the patient is unable to do this for her/himself.
Independent advocate: under the Act anyone with a mental disorder has the right to access an independent advocate. An independent advocate is able to give support and helps to enable a person to express their own views about their care and treatment.
Mental disorder: this is a term used in the Act which covers mental illness (including dementia), a learning disability or a personality disorder.
Mental Health Officer ( MHO): this is a specially trained social worker who deals with people with mental disorder and has particular duties under the Act.
Mental Health Tribunal: The Mental Health Tribunal for Scotland was set up by the Act to make certain decisions about the compulsory care and treatment of people with mental disorder.
Mental Welfare Commission for Scotland: The Mental Welfare Commission is an independent organisation. Its role is to protect the welfare of people who are vulnerable through mental disorder.
Named person: this is someone who will look after the person's interests if he or she has to be treated under the Act.
Responsible medical officer ( RMO): the medical practitioner, usually a consultant psychiatrist, who is responsible for the person's care and treatment.
Welfare guardian: someone appointed by the court under the Adults with Incapacity (Scotland) Act 2000 to make decisions about care and welfare on behalf of a person who cannot make these decisions him or herself.
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