MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003
TRANSITIONAL TRAINING GUIDE
INTRODUCTORY TRAINING FOR MENTAL HEALTH OFFICERS AND OTHER PRACTITIONERS
COMPULSORY TREATMENT ORDERS AND RELATED MATTERS
READER 3
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CONTENTS
1. Introduction
1.1 Guidance for MHOs
1.2 Guidance for Medical Practitioners
2. Compulsory Treatment Orders
2.1 Powers of the CTO
2.2 Routes to CTO
2.3 Application for CTO in respect of a formal patient
2.4 Section 68: Extension of Short-term Detention
2.5 The process of application for CTO
2.6 Outline summary of the process of making an Order
2.7 The Mental Health Reports
2.8 Conditions upon which the application rests
2.9 Time-scale for application
2.10 Who ought to be the MHO applicant?
2.11 The process of application and MHO Reports
2.12 The MHO report
2.13 Disagreement between MHO and Medical Practitioner
2.14 The Proposed Care Plan
2.15 Summary of the Process of Application for CTO
3. Tribunals
3.1 What criteria will the Tribunal use to determine an application?
3.2 Recorded matters
3.3 Measures that may be authorised
3.4 Authorising an Interim CTO
4. Monitoring and Review of Orders
4.1 The Responsibilities of the RMO
4.2 The MHO Responsibilities
4.3 Reviewing the Order
4.4 Revoking, extending and varying Orders
4.5 Suspension of Compulsory Measures
4.6 Non-compliance
4.7 Failure to attend for medical treatment
5. Non-compliance with Orders
6. Application to revoke Orders and Appeals
7. Legal Aid
8. Treatment in Relation to Compulsion
8.1 A word about the treatment provisions of the 2003 Act in relation to those contained in the 2000 Act
9. What Next?
10 Study Material
10.1 Introduction
10.2 The Third Self-Assessed Test of Knowledge:
10.3 Introduction to the case study
Annex A: Answers to the third self-assesses test of knowledge (Reader 3)
Annex B: Comparison between key sections of 2003 Act and 1984 Act
Annex C: MHO Duties/Roles under 2003 Act
Annex D: Flowchart on CTO
FOREWORD
This is part of a package of training materials commissioned by the Scottish Executive. It was developed by Mike Maas-Lowit of Robert Gordon University who was assisted in this process by a multi-disciplinary Advisory Group drawn from services across Scotland and chaired by the Scottish Executive.
The training material is geared primarily to assisting Mental Health Officers gain knowledge of their new statutory roles and duties which have been expanded considerably in the Mental Health (Care and Treatment) (Scotland) Act 2003. The material, however, is organised in such a way as to be of value to others involved in implementing the new legislation. Ideally, wherever possible, training will be delivered on a joint basis.
By necessity the material had to be developed before the Code of Practice, Regulations and Forms had been finalised. References made are generally to draft versions of each (e.g. Volume 1 of the Draft Code of Practice published in March 2004 and Volumes 2 and 3 in June 2004). This material should not be taken as a definitive, legal interpretation of statute. Practitioners should refer to primary legislation and the associated Codes of Practice and seek their own legal advice when questions on implementation and/or interpretation arise.
All should feel free to reproduce any of the material included in the Mental Health (Care and Treatment) (Scotland) Act 2003 Transitional Training Guide series, although the name of the author and the publication from which it came should always be clearly stated. All the material can be downloaded from the Scottish Executive's mental health law website: www.scotland.gov.uk/health/mentalhealthlaw