Mental health changes become law

Patients will be able to ask for an independent advocate

A new law has come into force aimed at improving the care of thousands of people with mental health problems.

The Mental Health (Care and Treatment) Scotland Act replaces legislation which dated back to the days when people were locked up in asylums.

Its legal framework, which is designed to put the patient first, will place greater demands on the NHS.

The British Medical Association said it was the most fundamental change in mental health law in 40 years.

Psychiatric care has been considered under-resourced compared to other parts of the NHS.

The act has been described as leading the way in Europe Lewis Macdonald Deputy Health Minister

New rights and safeguards include measures which will prevent children from being admitted to adult psychiatric wards.

Patients will have the right to ask for an independent advocate, who will make sure the right decisions are made if they are ill and cannot speak for themselves.

The act will also allow patients who are sectioned - but who pose no risk to others - to be treated in the community, rather than having to go to hospital.

Deputy Health Minister Lewis Macdonald pledged an extra £5m this year and next year to help with providing the new services.

"From today onwards, people experiencing mental health problems, their carers and families will benefit from legislation which offers them more rights and greater protections," he said.

"The act has been described as leading the way in Europe."

Patient needs

Mr Macdonald added: "Investment in change is a vital component of ensuring that this legislation translates into real change."

Dr Andrew Bust, of the BMA's Scottish Council, said the new laws reflected changes in healthcare provision and a changing society.

"This progressive legislation recognises firstly, the individual needs of patients and identifies how best they can receive the most appropriate treatment," he said.

We also need to see resources in the way of training and of combating the stigma surrounding mental health problems Shona Neil SAMH

"Secondly, it acknowledges that protection is needed for and from patients involved in criminal proceedings, marrying with essential treatment for the patient.

"I hope the Scottish Executive will back up its commitment to introduce this landmark legislation with the resources that are vital to its success."

The Scottish Association of Mental Health said mental health had always been "a cinderalla service" because of the stigma and misunderstanding which surrounded it.

Chief executive Shona Neil added: "I think most of us find mental health problems a bit frightening, possibly because we all see the potential for us to experience them ourselves.

"At least one in four of us will have a mental health problem in our lifetime.

"I hope people recognise that principles alone will not change practice. We also need to see resources in the way of training and of combating the stigma surrounding mental health problems."