Scottish Government

ISBN 978 0 7559 5661 6
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Contents

Introduction - Service User Representation

PART ONE - THE NAMED PERSON
1. What does a named person do?
2. Can a service user have more than one named person?
3. What's the difference between a carer and a named person?
4. What is an independent advocate - and can they be the named person?
5. Who can choose a named person?
6. Can a child choose their named person?
7. Who can be a named person?
8. Can a health professional act as named person?
9. What if I work in a related role, and there may be a conflict of interest?
10. If I accept the appointment, who can help me?
11. What is the Mental Welfare Commission, and will they support me?
12. What happens if I do not wish to act as named person?
13. I'm already a carer - what rights do I have to information?
14. What other rights does a carer have?
15. What further rights does a named person have in representing a service
user subject to compulsory measures?
16. What rights does a named person have?

PART TWO - PAPERWORK AND PROCEDURES
17. I've agreed to act as named person - so what next?
18. What if the service user does not want a particular person to be appointed
as named person - are there any safeguards to prevent this?
19. What if the service user changes their mind?
20. Once I've accepted the role, might I be removed by anybody other than
the service user?
21. What if I decide that I no longer want to act as a named person?
22. What is an Advance Statement?
23. When can compulsory treatment be given under the Act?
24. How can I object to the service user's treatment or the compulsory measures?

PART THREE - THE MENTAL HEALTH TRIBUNAL
25. What is the Mental Health Tribunal?
26. How can I contact the Tribunal?
27. How does the Tribunal hear cases?
28. I would like legal advice, but am worried about the expense - will I qualify
for legal aid?
29. If I have legal representation at the Tribunal, what role will I then have?
30. Will I be entitled to claim travel and other expenses?
31. I have information that I would like the Tribunal to consider...
32. What information will I receive prior to the hearing?
33. Will I receive all the information, even if there are confidentiality issues
in the case? 17
34. What if I don't want to see all the documents regarding the service user?
35. Where will the hearing be held?
36. Who else might be invited to attend the hearing?
37. What is a curator ad litem?
38. What will happen on the day?
39. When and how will I be given the Tribunal's decision?
40. What if I am not happy with their findings and want to appeal?

Contacts mentioned in this guide
Other contacts

Glossary

Acknowledgement

Other guides in this series

FORM 1:NOMINATION OF NAMED PERSON MADE UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM 2: DECLARATION WITH REGARD TO NAMED PERSON MADE UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM 3: REVOCATION OF NOMINATION OF NAMED PERSON MADE UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

FORM 4: REVOCATION OF DECLARATION WITH REGARD TO NAMED PERSON MADE UNDER THE MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003