CLACKMANNANSHIRE COUNCIL

Report to Council of 13 April 2006

Subject: Mental Health (Care and Treatment) (Scotland) Act 2003

Advanced Statements and Named Persons Guidance

Prepared by: Jane Menzies, Service Manager, Mental Health Joint Provision

1.0SUMMARY

1.1.The Mental Health Act, Scotland came into effect on 5th October 2005. This new legislation outlines the following principles:

  • To clarify when people can be legally required to go into hospital, or to accept services or treatment that they may not want
  • To outline new rights and safeguards , including a right to access independent advocacy
  • The instigation of the Mental Health Tribunals which will hear cases under the Act
  • To outline the powers of the Mental Welfare Commission
  • To set out new duties for both Health Board and Local Authorities

1.2 In partnership with our NHSForthValley colleagues and Falkirk and Stirling Councils, guidance has been prepared to support staff with regards to their new responsibilities under the Act; and to ensure service users are directed appropriately.

1.3 The Guidance for which ratification is requested at this stage, outlines recommended practice in relation to Advanced Statements and Named Persons.

2.0RECOMMENDATIONS

2.1.Council is asked to accept the recommendations of the Guidance, and for it to be adopted as policy and practice within Clackmannanshire.

3.0BACKGROUND

3.1.Advance Statements

3.2.One of the fundamental principles of the new Act is that of ‘Participation’; that service users should be involved, in so far as they are able to be, in all aspects of their care and support. Their past and present wishes should be taken into account. To this effect, Advance Statements allow an individual the opportunity to set out how they wish to be treated if they become unwell and are unable to express their views clearly.

3.3.The Tribunal and any person responsible for giving treatment under the Act would have to take an Advance Statement into account. If the Responsible Medical Officer makes treatment choices against the clients’ wishes these must be recorded in writing and an explanation given to the Client, the Named Person and the Mental Welfare Commission. The Mental Welfare Commission will be monitoring the incidence of such.

3.4.Advance Statements are stored centrally by Medical Records within NHS Forth Valley

3.5.The Guidance offers advice, best practice and useful direction to staff in ensuring that Advance Statements are prepared and managed appropriately.

3.6.Named Person

3.7.Service users aged sixteen or over are now able to choose someone, a ‘named person’ to support them and to protect their interests in any proceedings under the Act. If no one is chosen by the User then the primary carer will be the named person (those who provide most of all of the person’s care and support). If there is no primary carer, then the service users nearest relative will be the named person.

3.8.The Named Person has the right to consultation, notification and to receive copies of all papers in relation to the client. They can also make applications or appeals to the Tribunal and request a needs assessment from an NHS Board of Local Authority.

3.9.A Named person only has rights if an application is being made under the Act or an application is pending. If a client is voluntary, the Named Person has no rights or powers.

3.10.It is important to note that a Named Person can act independently to Service Users, and in the event of disagreement, both parties are entitled to act as they feel fit.

3.11.The aim of the Guidance is to set out the role of Health and Social Work professionals in supporting a service user to choose a named person , if required.

3.12.A Forth Valley working group was established and has developed guidance for staff in relation to implementing both Advanced Statements and Name persons processes. The guidance is attached as appendices 1 and 2.

4.0CONCLUSIONS

4.1.Further guidance in relation to the new Act is to be welcomed, and will enable staff to meet it’s objectives more easily.

4.2.The adoption of this guidance in partnership, will ensure continuity and equity across Forth Valley in providing well informed and high quality support to individuals who require to be treated under the Act.

5.0IMPLICATIONS FOR THE COUNCIL

5.1.Financial implications:None

5.2.Staff implications:None

5.3.Strategic aims:

Create strong, active, safe and caring communities / 
Achieve local economic prosperity and stability / 
Make the most of Clackmannanshire's unique built and natural environment / 
Develop a culture of personal achievement where everyone isvalued / √
Improve the health of the people of Clackmannanshire / √
Represent and promote the interests of all of the people of Clackmannanshire / √
Ensure that the people of Clackmannanshire receive the highest quality services for the public pound / 

DirectorChief Social Work Officer

Mental Health Act - Named Persons and Advanced Statements - report Page 1 of 3