Foreword by the Minister for Public Health and Sport, Shona Robison MSP
The Mental Health (Care and Treatment) (Scotland) Act 2003 is well regarded by service users and their carers in Scotland, and by mental health professionals. It is viewed internationally as being ambitious and innovative in its approach, in particular its principles based framework, with many other nations wanting to learn from our experiences.
However, perhaps as a consequence of this innovation, some issues have arisen in respect of the operation of the Act - notably in relation to named persons, advance statements and multiple hearings.
We took note of peoples' concerns and I appointed a review group, chaired by Professor Jim McManus, in January 2008 to undertake a limited review of the Act to consider efficiency and patient experience of the Act. The Review Group reported back to me in March 2009.
This consultation paper seeks views on the recommendations made by the Review Group to enable us to make decisions about changes to the legislation.
Amendments to the Act itself will require primary legislation, which will be taken forward as part of a future legislative programme. However, there will also be some changes through practice, guidance, or amendments to the secondary legislation.
I would also draw your attention to the following research we commissioned on the operation of the Act for further background on the issues raised in the Review Group's Report and this accompanying paper:
I invite responses to this consultation paper by Friday 6 th November 2009.
Shona Robison
Minister for Public Health and Sport