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Mental Health Law and Practice

*NEW*
5/5

Covering…

Introduction to the Mental Health Act

Key Definitions & Key Players

Forms of Compulsory Treatment and Detention

Criminal Justice & Mental Health Law

Human Rights of Detained Patients

The Future of Mental Health Law in Scotland

19

Short Video Classes

7

Activities to bring the issues alive – Quizzes, Case Studies and a conversation with Tara McCarthy, Mental Health Officer, Edinburgh HSCP

5 hrs

CPD

With the option to make online notes on every class, download a Certificate of Completion & provide Learner Feedback

Course content available for....

Days

Outline

With a mix of video classes, activities and interactive content, this on-demand learning course provides learners with a comprehensive understanding of Mental Health Law in Scotland; the confidence of how to use it effectively in practice; and a look into the future of how our mental health legislation might evolve.

The course brings our trainer, Sarah Prentice – Senior Solicitor at the SSSC & an Independent Safeguarder for the Adults with Incapacity Court – straight to your device. You can click and play as many of her video classes as you like, whenever you like, in whichever order you like.

If you provide treatment, care or support to individuals with mental illness, this course is for you. Whether you are newly qualified or an advanced practitioner you can access the content that is relevant to your role and requirements.

Background

Almost 7,000 people were detained under the Mental Health Act in Scotland over 2023, a figure that continues to rise year-on-year. Yet, rising demand is being met with limited budgets and resources, creating huge pressure on our mental health services. The Mental Welfare Commission reports that less than 40% of emergency detentions were consented to by a Mental Health Officer – an important safeguard and something that should happen every time a person is detained using the Act.

Mental health law in Scotland plays a crucial role in safeguarding the rights and well-being of individuals experiencing mental health challenges. It provides a legal framework that balances the need for treatment with the protection of human rights – promoting access to support services and ensuring that individuals have a voice in decisions affecting their treatment and care. It also emphasizes the importance of community-based services and integration with other aspects of healthcare, aiming to reduce stigma and improve overall mental well-being.

Key Themes

  • The Principles of the Mental Health Act in Scotland
  • The Key Definitions and Considerations
  • Emergency Detention Certificates & Short Term Detention Certificates
  • Compulsory Treatment Orders
  • Criminal Justice and how it interacts with Mental Health Law
  • Human Rights law in Scotland
  • The Key Rights of detained patients
  • Why there is a need to reform our Mental Health Law and Practice
  • And the key recommendations of the recently published Scottish Mental Health Law Review

Also featuring...

A conversation with Tara McCarthy, Mental Health Officer, Edinburgh HSCP exploring –

  • The role of a Mental Health Officer
  • How the principles of the Act come into play in the work of an MHO
  • Tips for working with people with mental illness
  • Dealing with Non-Compliance
  • The proposed reforms of Mental Health Law

Course rates for learners

1 Learner

Individual
£ 99 PER PERSON
  •  

3-5 learners

Small group
£ 80 Per person
  •  
Popular

6-300+ learners

Large group
£ 75-35 Per person
  •  

Detailed course agenda

Session 1 – Introduction to the Mental Health Act

Course Welcome (01:31)

The General and Underpinning Principles of the Mental Health Act (13:23)

Session 2 – Key Definitions & Key Players

Mental disorder, Medical treatment, Capacity, Significantly impaired decision making ability (09:47)

Named Person, Independent Advocacy, The Mental Welfare Commission (12:52)

Mental Health Officer, Approved Medical Practitioner, Responsible Medical Officer, Solicitor, Curator ad litem (11:08)

Advanced Statement, Mental Health Tribunal (08:05)

Quiz

Session 3 – Forms of Compulsory Treatment and Detention

Emergency Detention Certificate (06:15)

Short Term Detention Certificate (04:24)

Case Study

Compulsory Treatment Orders – Pre-application (11:52)

Compulsory Treatment Orders – Post-application (08:08)

Case Study

Discussion with an MHO – Helping patients understand the nature of their detention (18:48)

  • What does a day in the life of an MHO look like?
  • Community Based Compulsory Treatment Orders
  • Have you participated in many Mental Health Tribunals?
  • Are there any lessons you would draw from your experiences of Mental Health Tribunals?
  • Do you have a duty to refer people to advocacy services?

Session 4 – Criminal Justice & its interaction with Mental Health Law

Part 1 (08:34)

  • Criminal Justice & Mental Health Law Introduction
  • Assessment Orders and Treatment Orders
  • Mental health disposals (Hospital or Community)
  • Non-Mental health disposals

 

Part 2 (07:42)

  • Criminal disposals – Compulsion Orders and Compulsion & Restriction Orders (CORO)
  • Conditional and Absolute Discharge
  • Patient safeguards and Right of appeal

 

Case Study

Session 5 – Human Rights of Detained Patients

Human Rights Law in Scotland (05:39)

Human Rights Law – The Key Principles (10:16)

Quiz

Key Rights of Detained Patients (11:03)

FAQs on Detained Patients (13:17)

  • What happens if a patient absconds?
  • Can detained patients contact people in the community?
  • Can a child be detained under the Mental Health Act?
  • Can detained patients smoke or vape?
  • Can detained patients leave hospital?
  • How are people detained in hospital kept safe?

Session 6 – The Future of Mental Health Law in Scotland

Why the need for reform? (17:10)

The Scottish Mental Health Law Review – An Overview (11:40)

  • Bridging the Deprivation of Liberty Gap
  • A sense of urgency and importance
  • New tests to assess capacity or SIDMA
  • Autonomous Decision Making

 

The Scottish Mental Health Law Review – Specific recommendations (17:20)

  • Model of ‘Advance Choices’
  • Recommendations for Advocacy
  • Non-consensual treatment
  • Reform of forensic mental health law

 

Discussion with an MHO – Non-Compliance, Stigma & Proposed Reforms (13:52)

  • Dealing with Non-Compliance
  • Is there still a stigma around antipsychotic medication?
  • The proposed reforms of Mental Health Law

*Note: Each activity should take around 15mins to complete*

Introducing Our Trainer

Sarah Prentice

Senior Solicitor at the SSSC, Independent Safeguarder for the Adults with Incapacity Court & Director of Curadora Consulting Ltd

Sarah Gyllian Prentice LLB is a Senior Solicitor with significant experience of Mental Health and Adults with Incapacity law – including as a carer for a family member with Alzheimer’s dementia.

For over a decade, Sarah has been a solicitor representing clients affected by mental health issues – including as a member of the Law Society’s ‘Wellbeing Steering Group’ and ‘Mental Health and Disability Sub Committee’. Since 2019, Sarah has been an Independent Safeguarder for the Adults with Incapacity Court and since October 2020 has been a solicitor at the Scottish Social Services Council, currently working as a Senior Solicitor within SSSC’s ‘Fitness to Practise’ Department.

Sarah is currently a Member of the Advisory Committee for a European Law Institute (ELI) Project on ‘Model Laws and Advance Directives’. She also runs her own consultancy business, Curadora Consulting Ltd, providing legal services and training specialising in adult incapacity and mental health legislation.