Green light for mental health bill

Green light for mental health bill

Patients will be given independent advocates

The biggest overhaul of mental health legislation for 40 years has been passed unanimously by MSPs.

The decision followed two days of debate in the Scottish Parliament on more than 750 amendments to the Mental Health Care and Treatment Bill.

Once it is ratified by the Queen, the legislation will aim to give patients more rights and better treatment.

It is estimated that one in five Scots are suffering from a mental illness at any one time.

Legal framework

However, their care has been governed by laws dating back to a time when patients were often locked up in asylums.

The new laws provide a legal framework designed to put the patient first.

They will have more influence over their care and treatment, and sectioned patients who are no danger to the public can be treated in their own homes rather than in hospital.

All patients will have a right to an independent representative.

MSPs voted on the bill on Thursday

And special tribunals, rather than local sheriffs, will make the decision on whether to section those who become severely ill.

Those who are detained unfairly in the Carstairs State Hospital in Lanarkshire will have to be released to more appropriate medium secure surroundings.

The legislation has received a broad welcome.

However, campaigners said there had also been missed opportunities.

Shona Barcus, the chief executive of the Scottish Association for Mental Health, said: "Clearly this legislation is a significant improvement on the current act.

"We've got the new tribunals, independent advocacy and the right to appeal for entrapped patients in Carstairs - which are all good things.

'Auspicious moment'

"I think we feel, however, that there have been a few missed opportunities in areas such as community-based compulsory treatment orders, the use of ECT and the issue of reciprocity, where the bill doesn't go far enough to address the concerns of service users."

Health Minister Malcolm Chisholm said it was "an auspicious moment" for the Scottish Parliament and everyone with an interest in mental health.

"It is the culmination of an inclusive and extensive process, giving us a landmark bill - by far the largest bill to have been considered by the parliament - which provides a comprehensive framework for addressing the needs of a vulnerable, deserving but for many years often neglected group of patients," he said.

Ian Miller, the chairman of the Mental Welfare Commission, said: "This is an important updating of existing legislation, with care and treatment being tailored more to the individual rather than 'one size fits all'."