Mental Health (Emergency Detention)

Part of the debate – in the Scottish Parliament at on 19 January 2016.

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Photo of Shona Robison Shona Robison Scottish National Party

Emergency detention under the 2003 act is permissible only where it is necessary as a matter of urgency because of a significant risk to the health, safety or welfare of the patient or the safety of others. Medical practitioners are required to seek agreement from a mental health officer, unless it is impractical for them to do so, for example, where there is immediate, serious or life-threatening danger to the patient and/or others around the patient.

I am concerned by low levels of involvement by mental health officers in some areas, as identified by the Mental Welfare Commission for Scotland in its annual monitoring report in September 2015. Consent by mental health officers is an important safeguard, and it is essential that local authorities ensure that they have the appropriate levels of staff in place to meet statutory duties.

I am pleased to note that the Mental Welfare Commission has plans to meet one health board where this appears to be a particular issue, and I look forward to hearing the outcomes of that engagement. I have also asked the Mental Welfare Commission to undertake analysis of the reasons why the medical practitioner has reported that it was impractical to consult a mental health officer. Separately, I have asked the Scottish Government’s chief social work adviser to investigate issues to do with the shortfall in mental health officers in local authorities with chief social work officers, and I expect him to report back by the end of April.