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Protection and Legislation

Protection and Legislation. Margaret Whoriskey Margaret Anne Gilbert. Use of Mental Health Legislation for People with Learning Disabilities in Scotland. Aims. Provide an overview of the use of mental health legislation for people with LD Contribute to pre-enactment research

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Protection and Legislation

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  1. Protection and Legislation Margaret Whoriskey Margaret Anne Gilbert

  2. Use of Mental Health Legislation for People with Learning Disabilities in Scotland

  3. Aims • Provide an overview of the use of mental health legislation for people with LD • Contribute to pre-enactment research • Inform transitional arrangements and implications for Tribunals • Inform research and training • Contribute to broader review and VA Bill

  4. Detention by Diagnosis – mental illness (Group a) and impairment only (Group B)

  5. Detention by severe mental impairment and mental impairment for Group A and B

  6. Detentions by Age

  7. Length of Detention

  8. Length of Detention by Diagnosis

  9. Detention Type

  10. Length of Detention – Restricted and non Restricted patients

  11. Detentions by NHS Board Area

  12. Adults with Incapacity Act • Increase in use of Guardianship for people with LD • More guardianships being granted for people with LD for indefinite period each year

  13. The Mental Health (Care & Treatment) 2003 Act Mental Disorder defined as any: • a) mental illness; • b) personality disorder; or • c) learning disability, however caused or manifested. No specific reference to ASD and no further definition relating to impairment / severe impairment

  14. Innovative aspects of the new Act • Explicit principle base • Compulsion linked to care plan • Community based orders • Long term orders made by tribunals • Provision of local authority services • Provision of specialist services for people under 18 and mothers and babies

  15. Innovations (2) • Named persons • Access to Advocacy • Advanced Statements • Support for Carers • Conditions of Excessive Security • MHO involvement

  16. Conditions for Compulsory Treatment Order – Section 63 • Person must have a mental disorder (Likely for a short term certificate and emergency certificate) • Beneficial treatment is available • Impaired decision making ability • Risk to health safety or welfare of self or safety of others • The order is necessary

  17. Implications for new legislation • Use of detention is different for people with LD – almost all on long term detention and some for many, many years • Significant variation in practice across Scotland • Risks less easy to treat/doctors more cautious? • Variations in Clinical Practice and availability of community and inpatient services • Very few people appeal against detention • Some people also on AWIA (part 6) – developing practice for people with ‘offending behaviour’

  18. Implications for practice • Implications for research

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