Written Question · S3W-27154 · Session 3
What its position is on the view that the treatment of a person sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003 …
The question
To ask the Scottish Executive what its position is on the view that the treatment of a person sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003 is too reliant on the skills and integrity of the responsible medical officer assigned to that person under the Act.
The answer
Volume 2, Chapter 7 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice details the procedures to be followed by the responsible medical officer (RMO). Where practicable the RMO must consult a Mental Health Officer (MHO) and obtain their consent to the granting of the emergency detention certificate. Where MHO consent is refused the emergency detention certificate may not be granted and the patient may not be detained.
A range of professionals are involved in the care and treatment of an individual under the act. An individual who is required to receive care and/or treatment will have an MHO appointed to work for them. The MHO''s responsibilities include interviewing the individual, advising them of their rights, providing consent for the individual to be assessed or treated in hospital under compulsory measures, applying for a CTO and advising the Mental Welfare Commission and the individual''s named person if they have been detained in hospital or when an application is being made for a CTO. The MHO may also liaise with hospital staff and other members of the multi-disciplinary team involved in the care of an individual.
Anyone carrying out duties or giving someone treatment under the act, e.g. doctors, nurses and social workers, has to follow the principles set out in the act which are to ensure that individuals are treated with respect. This includes taking account of; the patient''s past and present wishes about their care and treatment; the views of their named person, guardian or welfare attorney; the range of options available for their care and treatment; what will ensure the maximum benefit for them; making sure that they are not being treated any less favourably because they are being treated under the act, and the individual''s abilities and background.
A range of professionals are involved in the care and treatment of an individual under the act. An individual who is required to receive care and/or treatment will have an MHO appointed to work for them. The MHO''s responsibilities include interviewing the individual, advising them of their rights, providing consent for the individual to be assessed or treated in hospital under compulsory measures, applying for a CTO and advising the Mental Welfare Commission and the individual''s named person if they have been detained in hospital or when an application is being made for a CTO. The MHO may also liaise with hospital staff and other members of the multi-disciplinary team involved in the care of an individual.
Anyone carrying out duties or giving someone treatment under the act, e.g. doctors, nurses and social workers, has to follow the principles set out in the act which are to ensure that individuals are treated with respect. This includes taking account of; the patient''s past and present wishes about their care and treatment; the views of their named person, guardian or welfare attorney; the range of options available for their care and treatment; what will ensure the maximum benefit for them; making sure that they are not being treated any less favourably because they are being treated under the act, and the individual''s abilities and background.
In the Official Report
No contribution in the Official Report cites S3W-27154 by reference.