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

2. 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.

3. 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

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

5. 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

6. 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

7. 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.

8. 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

9. 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)

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

11. 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.

12. 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)