Written Question · S3W-27149 · Session 3
Whether it collects information on the number of people who (a) felt that had they benefited from and (b) complained about being sectioned …
The question
To ask the Scottish Executive whether it collects information on the number of people who (a) felt that had they benefited from and (b) complained about being sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003.
The answer
This information is not collected centrally. Complaints from individuals about being subject to compulsory measures of treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003 are made locally to the appropriate NHS board.
For short term detention certificates (STDCs), statistics in relation to those who challenge their having been made subject to the certificate may be inferred by the numbers who appeal to the Mental Health Tribunal against the STDC. An individual can appeal to the Mental Health Tribunal for a revocation of a STDC, and Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on this. Approximately 100 applications for revocation of a STDC are made each quarter, of these around 50% are withdrawn before being heard and between 10 to 25% are revoked. Source Mental Health Tribunal quarterly statistics:
http://www.mhtscotland.gov.uk/mhts/files/Quarterly%20Report%20April%20to%20June%202009.pdf.
For Compulsory Treatment Orders (CTOs), these longer term orders may be made directly by the tribunal on the application of a mental health officer, and following a Tribunal hearing at which the patient will have been involved to give their view. Again, the most recent Mental Health Tribunal quarterly statistics (for April to June 2009) provide an indication of the percentages of CTOs made by the tribunal (around 77%) of those applied for. Thereafter, statistics in relation to those who continue to object to the CTO having been granted by the Tribunal might be inferred from the number of appeals made to the Sheriff Principal under the statutory mechanisms. In the period September 2008 to August 2009 inclusive the tribunal was served with 14 appeals to sheriff principals, not all of which went to full hearings having been dismissed as incompetent or because the appellant no longer wished to appeal; it should also be noted that not all of those appeals from the tribunal will have been made by patients, some may have been made by health boards.
For short term detention certificates (STDCs), statistics in relation to those who challenge their having been made subject to the certificate may be inferred by the numbers who appeal to the Mental Health Tribunal against the STDC. An individual can appeal to the Mental Health Tribunal for a revocation of a STDC, and Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on this. Approximately 100 applications for revocation of a STDC are made each quarter, of these around 50% are withdrawn before being heard and between 10 to 25% are revoked. Source Mental Health Tribunal quarterly statistics:
http://www.mhtscotland.gov.uk/mhts/files/Quarterly%20Report%20April%20to%20June%202009.pdf.
For Compulsory Treatment Orders (CTOs), these longer term orders may be made directly by the tribunal on the application of a mental health officer, and following a Tribunal hearing at which the patient will have been involved to give their view. Again, the most recent Mental Health Tribunal quarterly statistics (for April to June 2009) provide an indication of the percentages of CTOs made by the tribunal (around 77%) of those applied for. Thereafter, statistics in relation to those who continue to object to the CTO having been granted by the Tribunal might be inferred from the number of appeals made to the Sheriff Principal under the statutory mechanisms. In the period September 2008 to August 2009 inclusive the tribunal was served with 14 appeals to sheriff principals, not all of which went to full hearings having been dismissed as incompetent or because the appellant no longer wished to appeal; it should also be noted that not all of those appeals from the tribunal will have been made by patients, some may have been made by health boards.
In the Official Report
No contribution in the Official Report cites S3W-27149 by reference.