Mental Health Act comes into force
5 Oct 05
New rights and protection from today to people suffering mental health problems
The Mental Health (Care and Treatment) Scotland Act 2003 comes into force today, aimed at improving the care of thousands of people with mental health problems.
The Act represents the most fundamental reviewof mental health lawin Scotland since 1960. It sets out a series of principles which anyone taking action under the Act must observe, such as the wishes and feelings of the patient and certain others, the importance of the patient participating as fully as possible, non-discrimination so far as possible as between patients and non-patients, and respect for diversity.
The Act includes new measures to prevent children from being admitted to adult psychiatric wards. Patients will also have the right to ask for an independent advocate to make sure the right decisions are made if they are ill and cannot speak for themselves.
An important change is that new mental health tribunals, comprising both legal and medical members, will take over the role of the sheriff in hearing applications relating to long-term and conditions for community residence.
Deputy Health and Community Care Minister Lewis Macdonald said: "From today onwards, people experiencing mental health problems, their carers and families will benefit from legislation which offers them more rights and greater protections."
Mr Macdonald said the Act had been described as leading the way in Europe. The British Medical Association said it was the most fundamental change in mental health law in 40 years.
Mr Macdonald added that agencies will receive an additional £5 million this year and next to help provide the new services.