Written Question · S3W-26251 · Session 3
What it is doing to address failures to comply with Part 5 of the Adults with Incapacity (Scotland) Act 2000, as reported in Remember, I’m …
The question
To ask the Scottish Executive what it is doing to address failures to comply with Part 5 of the Adults with Incapacity (Scotland) Act 2000, as reported in Remember, I’m still me, the joint report by the Care Commission and Mental Welfare Commission, to review these failures as a matter of urgency and to ensure that section 47 certificates are in place before treatment takes place for those who are unable to give or refuse consent to medical treatment.
The answer
The Scottish Government has accepted all the recommendations in the Remember, I''m Still Me report. The implementation of Part 5 of the Adults with Incapacity Act 2000, and whether action needs to be taken to improve routine compliance with its requirements, will be considered as part of the work we are taking forward in partnership with key stakeholders through the development of the Dementia Strategy. Under the act, it is incumbent on the medical practitioner primarily responsible for the medical treatment of an adult to complete a section 47 certificate, once they have established that the adult is incapable in relation to a decision about the medical treatment in question.
Part 5 of the act and certification under section 47 should not be used as justification for the administration of unwanted, unnecessary or potentially harmful medication whether such medication is given covertly or otherwise. Subsection 47(7) of the act prohibits the use of force or detention, unless it is immediately necessary in the circumstances.
In March 2008, we issued Chief Executive Letter (CEL) 11 (2008) to NHS Scotland. This provided a revised code of practice for Part 5 of the Adults with Incapacity (Scotland) Act 2000. The CEL can be accessed at http://www.scotland.gov.uk/Publications/2008/06/13114117/0.
In view of the concerns raised in the report, we will reissue the revised code of practice to NHS Scotland and its affiliates, with a covering letter from the Scottish Government, underlining the importance of complying with the terms of the Adults with Incapacity Act. We will also make clear that, in normal circumstances, section 47 certificates should be completed before treatment commences and that certification under section 47 should not be used as a tool to administer covert medication or for planned restraint.
Part 5 of the act and certification under section 47 should not be used as justification for the administration of unwanted, unnecessary or potentially harmful medication whether such medication is given covertly or otherwise. Subsection 47(7) of the act prohibits the use of force or detention, unless it is immediately necessary in the circumstances.
In March 2008, we issued Chief Executive Letter (CEL) 11 (2008) to NHS Scotland. This provided a revised code of practice for Part 5 of the Adults with Incapacity (Scotland) Act 2000. The CEL can be accessed at http://www.scotland.gov.uk/Publications/2008/06/13114117/0.
In view of the concerns raised in the report, we will reissue the revised code of practice to NHS Scotland and its affiliates, with a covering letter from the Scottish Government, underlining the importance of complying with the terms of the Adults with Incapacity Act. We will also make clear that, in normal circumstances, section 47 certificates should be completed before treatment commences and that certification under section 47 should not be used as a tool to administer covert medication or for planned restraint.
In the Official Report
No contribution in the Official Report cites S3W-26251 by reference.