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

Chapter 37

IMPLEMENTATION AND MONITORING OF THE NEW ACT

Implementation and Monitoring Group

1. We are aware that a great deal of work will be needed to ensure that the Mental Health Act is implemented in a way that is in keeping with its underlying principles. The primary responsibility for ensuring that this is carried through will lie with the Scottish Executive. We have ourselves tried in our work to involve all those with an interest in mental health law, and we believe this approach should also be adopted by the Executive. This could be done through a group of representative individuals, with an advisory and overseeing role.

2. We recommend therefore that there should be an Implementation and Monitoring Group. This group should comprise representatives of user, carer, professional, service provider and voluntary sector interests. The group would be appointed by the Scottish Executive, after consultation with the relevant interests. Its Terms of Reference would be published.

Role of the group

Implementation

3. During the implementation stages, we believe that there would be three key roles for the Implementation and Monitoring Group.

4. Firstly, the Group would be charged with having oversight of all the practical work that is required to take the Act from its Royal Assent to its provisions coming into force. It would provide practical advice and support to the Scottish Executive on any Regulations and Guidance which will require to be introduced to implement the Act.

5. Secondly, the Group would provide a means of liaison between the Executive and outside bodies. This would be facilitated by the members of the Group being representative of those interests involved in implementing the Act.

6. Thirdly, the Group would have a key influence over the drafting of the new Code of Practice, in collaboration with the Executive and other bodies such as the Mental Welfare Commission. This would help to ensure that the Code is drafted in such a way as to be of maximum value to service users, carers and professionals.

Monitoring

7. We also feel that there could be an ongoing role for the Implementation and Monitoring Group once the provisions of the Act have been brought into effect, in overseeing the ongoing use of the Act. In this it would work closely with the Mental Welfare Commission, which would continue to have its own role of ensuring that the provisions of the Act are being used appropriately.

8. The Implementation and Monitoring Group would be free to decide its own methods of working. In its monitoring role, it could, among other things

• make recommendations to the Scottish Executive regarding the updates and revisions of the Code of Practice and be involved in the drafting of these updates and revisions, and
• recommend to the Executive areas of research which it believes should have attention.

Other groups currently in place

The National Implementation Steering Group

9. A National Implementation Steering Group has been put in place to oversee the implementation of the Adults with Incapacity Act. The Steering Group consists of representatives of many of the interests involved with the Act, including user and carer interests.

The Mental Health and Well Being Support Group

10. We also note that the Mental Health and Well Being Support Group is undertaking an ongoing monitoring role in mental health service development. It developed from the Mental Health Reference Group, which advised on the development of the Framework for Mental Health Services in Scotland, and is charged with monitoring the implementation of the Framework and advising the Scottish Executive on best practice. This Group, made up of Scottish Executive professional staff and outside experts, has recently begun a programme of visits to all health board areas to discuss the progress being made on the implementation of the Framework and offer advice. The Group co-opts expertise as needs dictate.

11. It will of course be important for the various groups to liaise closely on areas of mutual interest.

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