The Mental Health Act

The Mental Health (Care & Treatment) (Scotland) Act 2003 is an important piece of legislation because it acts as a safeguard for people with poor mental health. 

Some aspects of the Act will assist people with mental health problems and/or their Carers on a day-to-day basis. These aspects include:

  • Having a Named Person – someone who can support them, it can be a relative, friend or Carer. A Carer can become a named person, if the person nominates them. If the person has not named someone then the Carer automatically becomes the named person unless they choose not to do so. Read more about Named Persons within the Scottish Executive Booklet or how this could be useful to you as a Carer. 
  • The Right to make an Advance Statement – a statement of how they would or would not like to be treated, if they are ill. They have to be well when they write it. It has to be in writing, signed and witnessed. Read more about Advance Statements within the Scottish Executive Booklet or how this could be useful to you as a Carer.
  • The right to get help from an Independent Advocate - someone who will put their view across, and will tell people what they want to happen. An advocate does not have the same role as the named person; they are there to express the views of the person and not their own views. In East Dunbartonshire, Ceartas can provide independent advocacy to the person with mental health issues. (Carers Link can also provide advocacy support to you as a Carer).
 
However the Mental Health Act has a significant role to play in protecting people who are going through a crisis time with their mental health and as such come under the scope of the Act, in which case the Mental Health Act sets out: 
  • How a person with a mental disorder can be treated
  • When a person can be taken into hospital against their will 
  • When a person can be given treatment against their will
  •  A person’s rights and puts in place mechanisms to make sure that these rights are protected
It is important to remember that this Act is only used as a last resort if someone is a risk to themselves or to others. The majority of people with mental health difficulties will never need or be affected by the Act.
 
You can read a useful short introduction to the Act within this booklet or gain more detailed information about Treatment orders, Tribunals, Appeals and the roles of different professionals within the guides available on the website of the Mental Welfare Commission.
 
If you would like to speak to someone about any aspect of the Act, please contact Fiona at Carers Link 0800 975 2131.