Mental Health Advocacy
A new law was passed by the Scottish Parliament in March 2003 and came in to effect April 2005. The new act is termed the Mental Health (Care and Treatment) Scotland Act 2003.
The new act covers within it; when you can be hospitalised or given treatment against your will, what your rights are and the safe guards to protect them.
Within the act new provisions have been created which didn’t previously exist :
The new Mental Health Tribunal – This replaces the Sheriff Court for hearing cases. Tribunal panels consist of 3 persons: a legally qualified person, a doctor with experience of mental health and a third lay person with skills experience, perhaps a service user or carer.
Named Person –The named person has the same rights as the service user to be notified of, attend and be represented at Tribunal hearings. A named person can be elected by the service user.
Advanced Statements-An Advanced Statement sets out how a person wishes to be treated should they become unwell and unable to express their views in the future. The Tribunal or any person giving treatment should take account of the Advanced Statement.
Independent Advocacy-Within the act there is now a legal right for access to independent advocacy services and these should always be offered before any Tribunal hearing. Independent advocacy services can also assist in electing a Named Person and making an Advanced Statement. Independent advocacy services can also help raise any concerns or thoughts when initially taken in to hospital.
EARS are an independent advocacy organisation, there to assist persons who find themselves under the act. We will take time to listen to views and will take forward any issues. EARS is a free, user led service for older people in the Edinburgh and Lothians area.