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Publications
New good practice guides
Social Circumstances Reports (.pdf) - Good practice guidance on the preparation of Social Circumstances Reports for mental health officers and managers. [2009]
Working with independent advocacy (.pdf) - Good practice guidance for working with independent advocates. [2009]
Money Matters(.pdf) - a quick guide to various financial interventions available to an individual's welfare and safeguard his or her property.[2009]
Mental health act care plans (.pdf) - Good practice guidance in the preparation of care plans for people receiving compulsory care and treatment. [2009]
Cross-border transfers, absconding and visits- factsheet for practitioners (.doc) NEW VERSION amendments to the expiry date of orders and cross border transfer warrants. We are often asked about arrangements when people move into or out of Scotland under mental health legislation. We have put this factsheet together to address common of difficult situations. To the best of our knowledge, the information and advice is correct. In cases of uncertainty, we would be happy to give advice and we also advise seeking a legal view if in doubt.[2009]
Good practice guidance themed by topic
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Consent to treatment
Consent to treatment (.pdf) — guidance to help mental health practitioners interpret the legal basis for treatment and to give treatment that is in line with best legal and ethical practice.[2006]
Nutrition by artificial means (.pdf) — ethical and legal guidance for those considering the provision of artificial nutrition to a patient with an eating disorder. [2007]
Covert Medication (.pdf) a legal and practical guide - this guidance responds to cases and research evidence that identifies this is an issue for those using and providing mental health and learning disability services in Scotland. The guidance suggests that there may be situations in which covert medication might be necessary to keep an individual from harm. A Covert medication care pathway (.doc) and review (.doc) is provided to support decision making, that is structured and recorded in a way that safeguards that the health, safety and legal rights of the individual. [2006]
Hospital treatment for a physical illness in the absence of consent (.doc) — the presence of mental disorder may, for some people, be a barrier to necessary physical health care if the person lacks capacity. This guidance refers specifically to the situation where the person refuses to attend hospital in a situation where others think that such attendance for physical health reasons is necessary. [2007]
- Cross border transfers
We prepared this fact sheet to help staff with to cross-border transfers under mental health law.
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Freedom, restriction and restraint
Autonomy, benefit and protection summary version (.pdf) A paper on working to safeguard adults against unlawful deprivation of liberty while working under mental health, incapacity and vulnerable adults legislation. Authored by Hilary Patrick, Mental Health Law and Practice. [2008]
Click here for the full version of Autonomy,benefit and protection (.pdf)
Rights, risks and limits to freedom (.pdf) — our key guidance, updated to take into account the principles of the new mental health act. Includes an appendix of legal considerations by Hilary Patrick. [2006]
The use of seclusion (.pdf) — guidance on the use and monitoring of seclusion in mental health and learning disability settings. [2007]
Safe to wander (.pdf) — principles and guidance on good practice in caring for residents with dementia and related disorders where consideration is being given to the use of wandering technologies in care homes and hospitals. [2007]
- General-hospital care
Information for general hospitals (.doc) — guidance on treatment of patients with a mental illness, learning disability or other mental disorder in general hospital settings. [2006]
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Suspension of detention
Good practice guidance on the operation of suspension of detention provisions under the Mental Health (Care & Treatment) (Scotland) Act 2003.
Download Suspension of detention (.pdf). [2008] We have also produced leave planners to assist with recording suspension periods:
- Leave planner for longer periods of suspension(.doc)
- Leave planner for regular periods of suspension(.doc)
- Older people
Care of older people with mental health problems (.pdf) — a position statement on mixing dementia patients and patients with longer term mental disorder in a single ward. [2004]
- User and carer participation
Guide to working with interpreters in mental health settings (.pdf) — a toolkit for people who need to use interpreters in mental health and learning disability settings. Includes checklists for service providers, service users and interpreters. [2006]
Carers and Confidentiality .pdf) — good practice guidance on how to balance the principle of carer involvement with the patient's right to confidentiality. [2006]
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Working with the Adults with Incapacity Act
Working with the Adults with Incapacity Act in Care Homes(.pdf) -guidance for those working to provide residential care for people with a learning disability, mental illness or dementia. [2007]
Guardianship Checklist (.pdf) - a guide to information we would expect to see in the file of an individual subject to welfare guardianship.
When to invoke the Adults with Incapacity Act (.doc) — updated guidance reflecting recent case law. [2005]
Authorising significant interventions for adults who lack capacity (.pdf) — original guidance on the use of the Adults with Incapacity Act by Hilary Patrick, this should only be used in conjunction with the 2006 edition. [2004]
- Young people
Guidance on the admission of young people to adult mental health wards (.doc) — guidance on the provision of care and treatment to under 18 year olds when admitted to adult wards. [2005]
Good practice guidance