Report on the Review of the Mental Health (Scotland) Act 1984

Executive Summary

SAFEGUARDS FOR VULNERABLE PEOPLE

Protection of vulnerable adults

121. The Scottish Law Commission proposals regarding vulnerable adults should be implemented in respect of adults with mental disorder. This would strengthen the duties of local authorities to protect people at risk, and would introduce a staged series of interventions, including access to the person, assessment and, where necessary, removal to a place of safety. The Code of Practice should include guidance as to the exercise of functions under these proposals.

122. Where a person is removed to a place of safety under the provisions concerning vulnerable adults, and requires compulsory measures of care under mental health law, the normal provisions of the Mental Health Act should then apply.

123. It should be an offence for a person wilfully to ill-treat or neglect a person with mental disorder who is in their care. No offence would be committed where the person acted in good faith and with reasonable care.

Police powers and responsibilities

124. The police power to take a person in a public place who is, or appears to be, mentally disordered to a place of safety should be retained, but restricted to 24 hours. Health boards should be placed under a legal duty to provide such places of safety, which should not be in police stations other than in exceptional circumstances.

Protection from sexual exploitation and abuse

125. The current provisions in the 1984 Act concerning the sexual exploitation of those who are vulnerable by reason of mental disorder are not satisfactory, and in many respects anomalous. They should be replaced by two new offences: sexual abuse of a mentally disordered adult, and sexual abuse by staff and formal carers. Both offences should apply to all kinds of sexual relationship, and all kinds of mental disorder.

126. The offence of sexual abuse of a mentally disordered adult would be committed where the mentally disordered adult is incapable of consenting, or giving free agreement, to the relationship. The offence of sexual abuse by staff and formal carers would apply to the whole range of formal caring relationships.

The regulation of private hospitals

127. The regulation of private mental hospitals should be removed from the Mental Health Act. The proposed Scottish Commission for the Regulation of Care should assume responsibility for the registration of and setting out the required standards of care for, private hospitals which care for people with mental disorders

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