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

Summary of Work of the Committee

Meetings

The Committee first met on 4 March 1999 and subsequently met in full Committee on 24 occasions, including a final meeting on 29 November 2000. This included two-day meetings on two occasions.

The Committee also divided into sub-groups which were charged with considering specific elements of the remit and making recommendations to the full Committee. The first three sub-groups met on a total of 10 occasions from October to December 1999. A further four sub-groups held a total of 11 meetings from February to April 2000. In addition, sub group members met with representatives of the Mental Welfare Commission and members of the MacLean Committee reviewing the sentencing and treatment of serious violent and sexual offenders.

A small drafting group met on 15 occasions to consider drafts of papers, prior to their consideration by the full Committee, and this proved to be extremely valuable in the preparation of the final report.

Visits

Committee members undertook 37 visits to services and facilities in Scotland and England including forensic and secure mental health services, user groups and advocacy services, learning disability facilities, community-based mental health services, psychiatric hospitals, Sheriff Courts and Mental Health Review Tribunals. (See Annex 3.)

The Committee was anxious to consult as many of those with an interest in mental health as was feasible, in order to get a clearer picture of what people around Scotland would wish from a new Mental Health Act. We therefore carried out a range of consultation exercises.

The consultation process consisted of:

First Consultation

• The Committee's first Consultation document, over 1,000 copies of which were distributed to organisations and individuals with an interest in mental health, learning disability, dementia, legal issues, human rights and related issues. 157 responses were received.(See Annex 2)
• A shorter consultation document aimed at users and informal carers, over 11,000 copies of which were distributed, via statutory and users and carers organisations, to individuals with personal experience of mental health legislation. Two hundred and two responses were received. (See Annex 5)
• A consultation document aimed at people with learning disabilities. Around 600 copies of "Have Your Say" were distributed via statutory and learning disability organisations, and 101 responses were received. (See Annex 5)

Consultation events

• Three consultative events for mental health service users and their carers, held in three different Scottish cities. (See Annex 5)
• Three day-long symposia on specific issues of interest: one on learning disability, one on dementia, and one on children's issues. (See Annex 6.)

Oral evidence

• Three days of oral evidence sessions with a selection of organisations representative of a range of different interests in mental health issues. (See Annex 4)
• A meeting with members of organisations with an interest in ethnic minorities.(See Annex 4)
• Oral presentations at Committee meetings on developments in mental health services, principles of mental health law reform and international comparisons, research into the operation of courts, the literature review and analyses of consultation exercises. (See Annex 4)
• A video conference with Professor Warren Brookbanks, University of Auckland, to discuss proposed new legislation in New Zealand for people with a learning disability.(See Annex 4)

Second Consultation

When we had considered information and responses arising from the above, a second Consultation document was issued, setting out preliminary proposals. Over 700 copies were distributed, and 196 responses were received. (See Annex 2)

Our consultation documents were also made available on the Internet.

Literature Review and Research

We also commissioned a literature review, and research into the operation of the Courts and detention under the Mental Health (Scotland) Act 1984. (See Annex 7 and Annex 8.) The research and literature review are being published alongside this report.

The amount of work we had to do in a limited time meant that we were not in a position to visit or take evidence from jurisdictions overseas, other than at the video conference with New Zealand. However, the secretariat of the Richardson Committee, which reviewed the English Mental Health Act, kindly let us have access to papers from two international seminars they organised, which looked at mental health law in other Commonwealth and European jurisdictions, and we were able to benefit from that.

Executive Summary

An Executive Summary of this Report is available from Public Health Division 1.4, Room 3ES, St Andrews House, Regent Road, Edinburgh.

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