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Advice & information

About mental health law

Most of the time people are well enough to know that they need treatment for poor mental health. Sometimes the result of an illness is that an individual does not think he or she needs care and treatment. Mental health law says that if a person is at risk because of his or her mental illness, and if treatment could help, professionals have a legal duty to provide that care and treatment. The Mental Health (Care & Treatment) (Scotland) Act 2003 says

  • when a person can be taken to hospital against his/her will
  • when a person can be given treatment against his/her will
  • what rights a person has when they are receiving care and treatment
  • what safeguards are in place to protect that person's rights

The law is based on a set of principles. These principles should be taken into account by anyone involved in a person's care and treatment. 

Our role

It is our job to promote best practice and help make sure the care and treatment people get is in line with the principles of the Act.

Information and advice for service users and carers

Our  pages provide answers to questions that we have been asked by service users and carers and professionals. The Scottish Government has produced a series of Mental Health Act Topic Guides that provide information about different aspects of the law and how it might affect you.

You can find out more about our role in our leaflet Who we are and what we do (.pdf). If you are concerned that your care and treatment is not in line with what the law says and would like some advice, or would like us to look into that for you, please .

Information for professionals

The Mental Health (Care and Treatment) (Scotland) Act — a full copy of the Act explanatory notes and regulations are available. 

APPENDIX A - Report on visit by Designated Medical Practitioner

APPENDIX E - Report by RMO for the Designated Medical Practitioner

To view the new Mental Health Act forms please go to the Scottish Executive forms web pages.

You can also click here for guidance on Transitional Provisions for Civil Patients and Mentally Disordered Offenders (.pdf) and Cross Border transfers (.pdf). There is also a UK Consequential Provisions Order 2005 relating to cross-border transfers.

The Scottish Government has produced requirements for appointment of Mental Health Officers and approved medical practitioners (Directions 2005) (.tiff) and continuing appointment (Direction 2006) (.doc)

National Standards for MHO Services and joint working with health have been introduced.

Guidance on the local authority's role in promoting wellbeing and social development is available in 'With Inclusion In Mind'.

Training and information resources for professionals

How to become a DMP/Second Opinion Doctor for the MWC

An educational resources area has been developed by NHS Education Scotland to support those working to put the new Act into practice. The following resources are available: