MHT for Scotland and coronavirus
See also: Coronavirus resources#Newer resources
Here is the initial guidance from the MHTS. If you are reading this from Scotland then get in touch so that further information can be added to this page.
- Scottish MHT's coronavirus guidance. Mental Health Tribunal for Scotland, 'Covid-19 Outbreak - Important Update' (19/3/20) — The MHTS intends to hold all hearings by teleconference from Monday 23/3/20. The update details how this will work in practice, including assisting patients to participate in proceedings.
Some general Scottish advice:
- Scottish coronavirus guidance. Mental Welfare Commission for Scotland, 'Covid-19 Mental Welfare Commission Advice Note' (v22, 29/1/21) — The main changes are stated to be: (a) "Updated: 2.2 Human rights of care home residents"; (b) "New: 4.1 Does the recent High Court decision in England that a MHA medical examination needs to be face-to-face mean that this is also the case in Scotland? - replaces item specific to extending CCTOs"; (c) "Updated: 4.2 Second report for CTO application"; (d) "Updated: 4.6 MHA and AWI assessments and examinations by video technology or by telephone"; (e) "New: 4.17 MHO access to interview a resident in a care home in a level 4 area"; (f) "Updated: 6.9 Visiting to and from residential settings other than care homes"; (g) "New: 9.12 Face coverings, communication and exemptions"; (h) "Updated: 11.3 Learning disability – new resources about vaccination".
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal detaining sections
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Sections 47, 48 and 49: transferred prisoners
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
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- Commentary on some FTT rules
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- Changes made by MHA 2007
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
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What links here:
- Mental Health Tribunal for Scotland, 'Covid-19 Outbreak - Important Update' (19/3/20)
- Mental Welfare Commission for Scotland, 'Covid-19 Mental Welfare Commission Advice Note' (v22, 29/1/21)
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