Zusammenfassung der Ressource
Mental Health (Care and Treatment)
Act (Scotland) 2003 John Case Study
- The Act has 10 principles to adhere to
- Informal Care
- Every effort should be made to treat John on a voluntary basis
- Treatment, support, Care should all be with his agreement and without the use of the law. where possible
- Least Restrictive Alternative
- John shouldn't be kept in hospital any longer than absolutely necessary
- Benefit
- Health Professional can only carry out interventions they can show help him
- Respect for Carers
- Johns mum can expect
- Information and Advice
- Her opinion to be heard
- She can voice her objections to a tribunal
- Non-discrimination
- Be treated the same as those with other conditions
- The Mental Health Act can only be used if John meets the 5 point criteris
Anmerkungen:
- That the person has a mental disorder.
• Medical treatment is available which could stop their condition
getting worse, or help treat some of their symptoms.
• If that medical treatment was not provided, there would be a
significant risk to the person or to others.
• Because of the person’s mental disorder, his/her ability to make
decisions about medical treatment is significantly impaired.
• That the use of compulsory powers is necessary.
- Only an approved doctor or advanced social worker can detain the person
- If it is for a long time the tribunal will have to hear the case
- If John is detained
- There are time limits on how long this can last
- He can have an independent Advocate
- He can have a lawyer
- he can appeal to the tribunal and have his case heard
- He can have lawyer F.O.C to represent him
- The law says he can make an advanced statement
- He can nominate a named person
- The mental welfare commission will ensure the Act is applied lawfully