Mental Health Legislation

Question 1

Mental Health Legislation

Answer 1

• Mental Health (Care and Treatment) Act (Scotland) 2003
• Adults with Incapacity (Scotland) Act 2000
• Adult Support and Protection (Scotland) Act 2007

Question 2

Mental Health Act 2003

Answer 2

• Civil compulsory power to provide compulsory care for people with mental disorders (involuntary treatment)
• Rights and safeguards to make sure powers are used appropriately
• NHS Board duties to provide services

Question 3

Mental Health Act 2003: Principles

Answer 3

1. Non-discrimination
2. Equality
3. Respect diversity
4. Reciprocity
5. Informal care
6. Participation
7. Respect for carers
8. Least restrictive alternative
9. Benefit
10. Child welfare

Question 4

MHA 2003: Criticism

Answer 4

• Ill-liberal
• Incomplete autonomy/paternalism
• Non-maleficence
• Unnecessary in some cases
• Counterproductive
• Practical issues administering treatment

Question 5

MHA 2003: Justification

Answer 5

• Beneficence
• Promote reasoned autonomy
• Right to treatment
• Soft paternalism (shaping)

Question 6

Adults with Incapacity Act 2000

Answer 6

• Governs decisions whereby patient is incapable of making/communicating/understanding decisions (regarding property, medical welfare, financial): intervention (one-off) or guardianship order
• Intervention must be of benefit
• Assess capacity

Question 7

Assessing capacity

Answer 7

Capacity presumed unless proven otherwise

• Gather info: history, notes, carers/patients, previous assessment/power of attorney/stated views
• Clinical assessment: communication (deficit overcome?), understanding and retention of information

Question 8

Adult Support and Protection Act 2007

Answer 8

Adults at risk of harm:

• Self or another person’s conduct
• Physical, psychological, unlawful conduct or self-harm
• Unable to safeguard own wellbeing, property, rights, other interests (more vulnerable) due to disability, mental disorder, illness or physical/mental infirmity