MHT for Scotland and coronavirus
See also: Coronavirus resources#Newer resources
Here is the initial guidance from the MHTS. If you are reading this from Scotland then get in touch so that further information can be added to this page.
- Scottish MHT's coronavirus guidance. Mental Health Tribunal for Scotland, 'Covid-19 Outbreak - Important Update' (19/3/20) — The MHTS intends to hold all hearings by teleconference from Monday 23/3/20. The update details how this will work in practice, including assisting patients to participate in proceedings.
Some general Scottish advice:
- Scottish coronavirus guidance. Mental Welfare Commission for Scotland, 'Covid-19 Mental Welfare Commission Advice Note' (v22, 29/1/21) — The main changes are stated to be: (a) "Updated: 2.2 Human rights of care home residents"; (b) "New: 4.1 Does the recent High Court decision in England that a MHA medical examination needs to be face-to-face mean that this is also the case in Scotland? - replaces item specific to extending CCTOs"; (c) "Updated: 4.2 Second report for CTO application"; (d) "Updated: 4.6 MHA and AWI assessments and examinations by video technology or by telephone"; (e) "New: 4.17 MHO access to interview a resident in a care home in a level 4 area"; (f) "Updated: 6.9 Visiting to and from residential settings other than care homes"; (g) "New: 9.12 Face coverings, communication and exemptions"; (h) "Updated: 11.3 Learning disability – new resources about vaccination".
INFORMATION
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- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
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- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
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- Automatic reference scheme under s68 changed
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- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
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What links here:
- Mental Health Tribunal for Scotland, 'Covid-19 Outbreak - Important Update' (19/3/20)
- Mental Welfare Commission for Scotland, 'Covid-19 Mental Welfare Commission Advice Note' (v22, 29/1/21)
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