Mental Health Legislation

Question 1

Which Act governs mental health legislation in Scotland?

Answer 1

Mental Health (Care & Treatment) (Scotland) Act 2003

Question 2

What are the Millan Principles covered in Section 1 of the MH(C&T)(S)A2003?

Answer 2

Non-discrimination
Equality
Respect for diversity
Reciprocity
Informal care
Participation
Respect for carers
Least restrictive alternative 
Benefit
Child welfare

Question 3

How is mental disorder defined under Section 328?

Answer 3

Any mental illness, personality disorder or learning disability, however caused or manifested.

Question 4

A person is not mentally disordered by reason only of any of the following:

Answer 4

Sexual orientation
Sexual deviancy
Transsexualism
Transvestism
Dependence on, or use of, alcohol or drugs
Behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person
Acting as no prudent person would act

Question 5

How long can an Emergency Detention Certificate (EDC) last for?

Answer 5

Authorises detention for up to 72 hours

Question 6

How long can a Short Term Detention Certificate (STDC) last for?

Answer 6

Authorises detention for up to 28 days

Question 7

How long can a Compulsory Treatment Order (CTO) last for?

Answer 7

Authorises detention for up to six months

Question 8

How long can Nurses holding power last for?

Answer 8

Authorises detention for up to two hours

Question 9

What are the criteria for a STDC?

Answer 9

• The patient has a mental disorder
• The patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder
• It is necessary to detain the patient in hospital for the purpose of determining what treatment should be given to the patient or giving the treatment
• There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital
• The granting of a certificate is necessary

Question 10

What does SIDMA stand for?

Answer 10

Significantly Impaired Decision Making Ability

Question 11

What are the criteria for SIDMA?

Answer 11

Lack of insight 
Cognitive impairment
Presence of psychosis
Severe depressive symptoms 
or
Learning disability

Question 12

Is medical treatment for an unrelated physical disorder (e.g. chest infection) authorised by the Mental Health (Care and Treatment) (Scotland) Act 2003?

Answer 12

No - consider use of Adults with Incapacity (Scotland) Act 2000

Question 13

Is capacity assumed to be present until proven otherwise?

Answer 13

Yes

Question 14

How does the Adult Support and Protection (Scotland) Act 2007 define “adults at risk”?

Answer 14

1. Unable to safeguard their own well-being, property, rights or other interests;
2. At risk of harm; and
3. Because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

Question 15

How does the Adult Support and Protection (Scotland) Act 2007 define “risk of harm”?

Answer 15

1. Another person’s conduct is causing (or is likely to cause) the adult to be harmed, or
2. The adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self harm.

Question 16

How does the Adult Support and Protection (Scotland) Act 2007 define “harm”?

Answer 16

Harm includes:

• conduct which physical harm,
• conduct which causes psychological harm (for example by causing fear, alarm or distress),
• unlawful conduct which appropriates or adversely affects property, rights or interests (for example theft, fraud, embezzlement or extortion),
• conduct which causes self harm

Question 17

What are the local authority duties under the Adult Support and Protection (Scotland) Act 2007?

Answer 17

• make enquiries to establish whether action is required, where it is known or believed that an adult is at risk of harm and that intervention may be necessary to protect the adult
• apply to the sheriff for the grant of a protection order. This may be an assessment order, a removal order, a banning order or temporary banning order.