The People's Advocacy Service
Mental Health (Care and Treatment) (Scotland) Act 2003:www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030013_en_1
What is it all about? A Short Introduction:
www.scotland.gov.uk/Publications/2004/01/18753/31686
The Mental Health (Care & Treatment) (Scotland) Act 2003
The new mental health act became law in October 2005 and is based on new rights for people who are affected by mental disorder, including learning disability, mental illness, dementia, personality disorder and including you if you are in prison or in a state hospital.
The Act states that local authorities and health boards in Scotland must commission fully independent advocacy services, that people affected by mental disorder have a right to those advocacy services, and that professionals treating people under the act must make you aware of your right to independent advocacy, and enable you to access it, regardless of your capacity to understand what is happening to you.
The People's Advocacy Service is the commissioned independent service in Dumfries and Galloway.
The new Act is based upon the following principles
- Non - discrimination , you have the same rights to services as anyone else
- Without Prejudice , your culture must be respected
- You must be allowed to participate in decisons which affect you
- Reciprocity , if your liberty is restricted you must be provided with something of compensatory benefit.
- The views of carers must be taken into account.
- What you are compelled to do must be of Benefit to you.
- Child Welfare must be paramount.
- What you are compelled to do must be the least restrictive alternative appropriate to your circumstances.
This all means that if you are compulsorily treated under the new act, you have rights and the treatment ordered must be tailored to your individual circumstances.
The new Act also replaces the Sherrif Court system of old with new Mental Health Tribunals. These Tribunals agree the terms of Compulsory Treatment Orders (replacing former "sections"), and hear appeals. You have a right to be supported by an independent advocate at a Tribunal.
The new Act also gives you the right to make an Advance Statement, and to nominate a Named Person.
Advance Statement
This is a legally witnessed document stating how you would wish to be treated if you were ever compulsorily treated under the new act. It must be taken into account, and if it is overruled then the reasons must be reported to the Mental Welfare Commission for Scotland. If you wish to find out more information or would like to write an Advance Statement please contact us.
Named Person
This is the person you nominate to make recommendations and have access to information and documentation about you if you are ever compulsorily treated under the new act. A Named Person can also ask for a Tribunal. A Named Person can make their own recommendations about how they feel you should be treated. An Advocate can not.
We have an exprienced team of advocates available to you. If you would like to find out more about any of the above, do not hesitate to contact us, or you may wish to contact the Mental Welfare Commission, whose role it is to monitor and the way Health Boards and Councils operate under the act.
