Mental Health (Care and Treatment) Act (Scotland) 2003 John Case Study

Mental Health (Care and Treatment) Act (Scotland) 2003 John Case Study

1. The Act has 10 principles to adhere to

   • Informal Care
     • Every effort should be made to treat John on a voluntary basis
       • Treatment, support, Care should all be with his agreement and without the use of the law. where possible
   • Least Restrictive Alternative
     • John shouldn't be kept in hospital any longer than absolutely necessary
   • Benefit
     • Health Professional can only carry out interventions they can show help him

2. Respect for Carers

   • Johns mum can expect
     • Information and Advice
     • Her opinion to be heard
   • She can voice her objections to a tribunal

3. Non-discrimination

   • Be treated the same as those with other conditions

4. The Mental Health Act can only be used if John meets the 5 point criteris

   • That the person has a mental disorder. • Medical treatment is available which could stop their condition getting worse, or help treat some of their symptoms. • If that medical treatment was not provided, there would be a significant risk to the person or to others. • Because of the person’s mental disorder, his/her ability to make decisions about medical treatment is significantly impaired. • That the use of compulsory powers is necessary.
   • Only an approved doctor or advanced social worker can detain the person
     • If it is for a long time the tribunal will have to hear the case

5. If John is detained

   • There are time limits on how long this can last
   • He can have an independent Advocate
     • He can have a lawyer
   • he can appeal to the tribunal and have his case heard
   • He can have lawyer F.O.C to represent him

6. The law says he can make an advanced statement

   • He can nominate a named person

7. The mental welfare commission will ensure the Act is applied lawfully