Press Release
Issued on:20/10/01
Issued by: National Schizophrenia Fellowship (Scotland) National Office
For immediate release
NSF (Scotland) welcomes Millan Report acceptance by Scottish Executive
Speaking today, Chief Executive of NSF (Scotland) Mary Weir expressed
delight that almost all of the recommendations of the Millan Committee had been
accepted by the Scottish Executive at the launch of the 'Renewing Mental Health Law' Policy
statement, which is their response to the Millan Committee's Report on the Review of the
Mental Health (Scotland) Act 1984. This was submitted to Ministers in January 2001.
Some people are concerned about new measures which are proposed to allow compulsory treatment
to take place in the community. The Executive's response makes it very clear that any such
measures will apply to only a very small number of people; that there will be stringent
safeguards in place to protect service users' rights; and that a detailed, individual
plan of care will require to be considered and approved by a Mental Health Tribunal.
Forcible treatment in the community, including people's own homes, will not be permitted.
Carers and service users' rights have been strengthened generally, including through
the introduction of a Mental Health Tribunal to replace the current court-based system.
I am pleased, said Mary Weir, that all those involved, including caring family members,
will have a right to attend and express their views.
Amongst other important changes she highlighted were the removal of the concept of
the 'nearest relative'. Giving consent to compulsory measures will no longer be part
of the role of carers and family members. Instead, the involvement of a
Mental Health Officer will be required in all cases other than emergency detention.
For the first time, service users, when well enough to do so, will be able to nominate
a Named Person (who will replace the nearest relative) to represent their interests.
In many cases, it is anticipated that the Named Person will be the primary carer.
One feature which carers will particularly welcome is the right they will now
have to request an assessment of a service user if they feel his or her
health is deteriorating. That will prevent the existing and entirely avoidable
situation in which carers, who know the person they are caring for,
witness mental deterioration but are unable to do anything about it until a crisis occurs.
She continued: The Scottish Executive is also to be praised for committing to the
introduction of the Code of Practice, which will accompany the Act, at the same
time as the implementation of the Act itself. This means that there is much
less likelihood of the Act being interpreted differently by individual practitioners,
as happened with the 1984 Act.
The only regret is that the new legislation will take up to three years to implement,
not least because of training and resource implications. The Scottish Executive has
recognised that these changes carry significant financial implications, both nationally and
locally.
When I was on the Millan Committee, it involved great deal of time-consuming
hard work, but to see the recommendations in its report being so positively
welcomed is very heartening indeed. This is a very good day for carers,
family members and service users throughout Scotland.
ENDS
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