Mental Health (Scotland) Act 2015 Human rights approach in statutory guidance

Non-discrimination; Equality; Respect for diversity; Child welfare; Millan principles Part 1 of 2003 Act Non-discrimination; Equality; Respect for diversity; Child welfare; Participation of patients; Respect for carers; Reciprocity; and Informal Care; Least restrictive alternative; Benefit.

Changes introduced by the 2015 Act In force: Appeals against conditions of Excessive Security extended to patients in medium secure settings November 2015 Supportive report from AMP Few cases

Changes introduced by the 2015 Act Part 1 Named persons Advance statements Information about advocacy Suspension of detention

Changes introduced by the 2015 Act Part 1 (cont.) Cross border transfers and absconding patients Support to patients (communication at medical exams/ services for mothers) Minor changes to some MHO duties Technical changes to operation of orders and certificates

Reviews Statutory Review (s37) of the arrangements for investigations into deaths of patients in hospital for mental health treatment Reviews of homicides Review of the inclusion of learning disability, autism and dementia in the definition of mental disorder

Part 2 amends the Criminal Procedure (Scotland) Act 1995 in relation to the treatment of mentally disordered offenders. timescales for assessment and treatment orders and provides for variations of certain orders.

certain information to be provided to victims Part 3 of the Act new notification scheme for victims of some mentally disordered offenders certain information to be provided to victims allow victims to make representations in certain circumstances

Impact on your practice What statutory guidance would support good practice? What kind of information resources etc would be useful? How can we help with transition (e.g. Named Person)

non-discrimination and equality empowerment and legality. PANEL principles participation accountability non-discrimination and equality empowerment and legality. Scottish Human Rights Commission

Analyse rights: Develop an analysis of the human rights at stake FAIR approach Facts: What is the experience of the individuals involved and what are the important facts to understand? Analyse rights: Develop an analysis of the human rights at stake Identify responsibilities: Identify what needs to be done and who is responsible for doing it Review actions: Make recommendations for action and later recall and evaluate what has happened as a result.

Named person provisions: Dan Named person provisions: Ruth Discussion Topics Decisions to detain Named person provisions: Dan Named person provisions: Ruth Promoting advance statements Reciprocal arrangements (e.g. TTD provisions)