RECENT REPORTS
An Assessment of the Operation of the Named Person Role and its Interaction with other Forms of Patient Representation
An Assessment of the Operation of the Named Person Role and its Interaction with other forms of Patient Representation: Research Findings No. 76/2009
An Exploration of the Early Operation of the Mental Health Tribunal for Scotland
An exploration of the early operation of the Mental Health Tribunal for Scotland: Research Findings No. 77/2009
BACKGROUND
A dedicated programme of research into the operation of mental health law in Scotland is managed within the Scottish Government. In particular, the programme aims to support the implementation and evaluate the impact of the Mental Health (Care and Treatment) (Scotland) Act 2003, the main provisions of which came into force on 5 October 2005.
The specific aims of the research programme to support mental health law reform are to:
- Provide information to support the implementation of the new Act;
- Contribute baseline information and understanding of how the present legislation is working;
- Evaluate the operation and early impact of the new Act;
- In the longer term, evaluate whether the aims of introducing the new Act have been achieved, taking into account the expectations of all stakeholders; and
- Contribute to an evidence base to inform the development of future policy in the area of mental health law.
A consultation exercise was carried out in 2003 to encourage awareness of and participation in the development of the research programme. The analysis of responses to the consultation document was published in hard copy on the Scottish Government's Social Research website in February 2004. The main sections of analysis in the document include respondents' comments on:
- Compulsory measures;
- The Mental Health Tribunal System;
- People with a mental disorder in the criminal justice system;
- New rights, duties and powers; and
- Pre-enactment research.
Issues raised by respondents ranged between the remit of the research programme itself, so the document includes an action matrix to show how the Scottish Goverment intends to address a variety of wider issues relating to the implementation of the new Act.
A review of published evidence on the workings of mental health law in Scotland, the wider UK and internationally was published in July 2005. The review updates earlier work and includes the perspectives of all relevant stakeholder groups.
An analysis of responses to the consultation process on the draft Code of Practice and regulations policy proposals was carried out in 2004 and was published in July 2005.
A mental health law research update and agenda for 2005-07 was published in December '05. The agenda highlights work conducted to date, work planned and gives stakeholders an opportunity to note their interest in taking part in the research programme.
As part of the programme of research supporting the implementation of the new Act, a Cohort study has been commissioned to explore the experiences of service users, their carers and a range of service professionals living and working with the new Act. The study will compare stakeholder experience of the new Act with expectations expressed prior to the Act's implementation. Work will also aim to assess the extent to which the new provisions are seen to meet the Millan Committee principles and, based on findings, the researchers will make recommendations for the further development of mental health law in Scotland. The study will report in 2009.
As part of the research programme the research report and research findings examining the impact of the administrative requirements of the 2003 Act on psychiatrists and mental health officers were published in September 2007.
Click on the links below to view the report and findings:
The Early Impact of the Administration of New Compulsory Powers under the Mental Health (Care and Treatment) (Scotland) Act 2003
Health and Community Care: Research Findings No.57/2007: The Early Impact of the Administration of New Compulsory Powers under the Mental Health (Care and Treatment) (Scotland) Act 2003