Mental Health (Care and Treatment) (Scotland) Act 2003 PDF Print E-mail
Any person with a mental health disorder has a right to access independent advocacy services under the new Act. It places a duty on NHS Boards and Local Authorities to secure the availability (to persons in its area with a mental disorder) of independent advocacy and to take appropriate steps to ensure that those persons have the opportunity of making use of those services.

The Act is unique to Scotland and shows a commitment to advocacy provision. The Code of Practice for people with legal duties under the Act gives guidance on accessing advocacy.

 

Scottish Executive Consultation Events

The Scottish Executive Mental Health Division held three seminars in Dundee, Edinburgh and Glasgow during September 2006 for Independent Advocates.
The purpose of the seminars was to record advocates' experiences on how the Mental Health (Care and Treatment) (Scotland) Act 2003 is working in practice. To read the report, click here.

Resources and Websites

Scottish Executive

This is the Executive's "Reforming Mental Health Law" page.  The Act itself is available, in addition to the Code of Practice (Volume 1, Volume 2 and Volume 3) and various rules and regulations. 

The Executive have also published information booklets on a variety of topics relating to the Mental Health Act:

- "An Introduction to the Mental Health Act 2003"

- "The New MHA - A Short Introduction" (Also available in community language translations.)

- "The New MHA - What's it all about? An Easy Read Guide"

- "A Guide to Named Persons"

- "A Guide to Advance Statements"

- "A Guide for People Involved in Criminal Justice Proceedings"

- "A Guide to Compulsory Treatment Orders"

- "A Guide to Consent to Treatment"

- "A Guide to Emergency and Short Term Powers"

- "A Guide to The Role of the Mental Welfare Commission"

- "A Guide to The Role and Duties of NHS Boards and Local Authorities"

- "A Guide to Independent Advocacy"

 

Training materials for Mental Health Officers are also available on the Scottish Executive's site.

Mental Welfare Commission

The MWC website is regularly updated and covers various topics related to the act.  They have also produced a series of booklets:

- "Who we are and What we do: our role in Scotland"

- "The Role of Designated Medical Practitioners"

- "Welfare Guardianship"

- "Visiting People: When and Why we want to meet you"

- "Monitoring your Care and Treatment"

Mental Health Tribunal Scotland

The Mental Health Tribunal Scotland Website includes information on panel members and training.

NHS Education Scotland

Website devoted to the Act. There is a forum dedicated to discussing the implementation of the new Act, as well as an e-learning course.