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Publications

Good practice guidance

Suspension of detention

Our new guidance on the operation of suspension of detention provisions.
Download Suspension of detention (.pdf). We have also produced leave planners to assist with recording suspension periods:

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) — new — ethical and legal guidance for those considering the provision of artificial nutrition to a patient with an eating disorder. [2007]

Covert medication - a legal and practical guide (.pdf) — new — his 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]

Freedom, restriction and restraint

Rights, risks and limits to freedom (.pdf) — new edition — 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) — new — guidance on the use and monitoring of seclusion in mental health and learning disability settings. [2007]

Safe to Wander  (.pdf) — new -  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]

Working with the Adults with Incapacity Act

Working with the Adults with Incapacity Act in care homes (.pdf) -— new — guidance for those working to provide residential care for people with a learning disability, mental illness or dementia. [2007]

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]

User and carer participation

Guide to interpreting (.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]

Policy and procedure guidance

Suspension of detention guidance (.doc) — new — guidelines and recording tools for completion of certificates that suspend CTO measures. [2007]

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]

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]

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]