Mental Health (Scotland) Act 2015: consultation analysis report
Summary and analysis following the Consultation on Implementation of Certain Sections of the Mental Health Act.
Introduction
Part 1 of the consultation on implementation of certain aspects of the Mental Health (Scotland) Act 2015 was open between 7 March and 30 May 2016. It focused on a range of topics, including changes to provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003 about named persons and advance statements and on secondary legislation regarding conflict of interests at certain medical examinations and safeguards for informal patients under the age of 16.
Part 2 of the consultation on implementation was open between 25 July and 17 October 2016. This consultation covered changes to cross-border transfer regulations, regulations related to absconding patients and proposals for savings and transitional provisions.
This report summarise the responses received for both consultations. All responses which the Scottish Government has permission to publish are available online at:
Consultation 1
Consultation 2
In total the first consultation received 42 responses, 10 from individuals and 32 from organisations. Of the organisations who responded, these can be categorised into seven broad types as shown in table 1.
Table 1: Breakdown of organisational responses to consultation 1
| Type of Organisation | Number of Responses | Percentage |
|---|---|---|
| Local Government Bodies | 5 | 16% |
| Health and Social Care Partnerships | 3 | 9% |
| Health Boards | 1 | 3% |
| Other Statutory Organisations | 5 | 16% |
| Professional Organisations | 5 | 16% |
| Third Sector Organisations | 6 | 19% |
| Other (including anonymous responses from organisations) | 7 | 22% |
| Total | 32 |
In total the second consultation received 22 responses, 1 from an individual and 21 from organisations, the latter categorised as shown in table 2.
Table 2: Breakdown of organisational responses to consultation 2
| Type of Organisation | Number of Responses | Percentage |
|---|---|---|
| Local Government Bodies | 2 | 10% |
| Health and Social Care Partnerships | 4 | 19% |
| Other Statutory Organisations | 2 | 10% |
| Professional Organisations | 5 | 24% |
| Third Sector Organisations | 3 | 14% |
| Other (including anonymous responses from organisations) | 5 | 24% |
| Total | 21 |
It should be noted that different respondents answered different questions which will explain why there are differing numbers of responses for each question.
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