Mental Health and Capacity Reform: delivery plan October 2023 to April 2025

1.1 We will consider how to update Part 2 powers of attorney scheme.

1.2 Promote the use of power of attorney and enhance the safeguards around taking out a power of attorney.

1.3 Develop training and guidance for attorneys so there is clarity about their role and obligations.

1.4 Improve the accessibility of taking out a power of attorney.

1.5 Increase the number of power of attorneys that are taken out.

1.6 Consider integration of Part 3 Access to Funds and Part 4 Management of Residents Finances into a new guardianship scheme.

1.7 Consider how to strengthen Part 5 of the AWI Act and enhance the safeguards for an adult to challenge a decision and introduce stronger safeguards for interventions such as the use of force

1.8 Review the current use and practice around issuing section 47 certificates to ensure practices around issuing of these embeds a human rights based approach.

1.9 Review the training of doctors and other professionals who are authorised to grant section 47 certificates.

1.10 Develop a specific provision to authorise conveying a person to hospital.

1.11 Review the provision of section 49 of the AWI Act so that the restriction on treatment is not applied widely.

1.12 Ensure there is clarification around the powers of force and detention.

1.13 Consider how to update Part 6 Intervention Orders to promote the rights, will and preferences of adults with incapacity.

1.14 Review the application process for interveners and guardians to see where improvements can be made whilst enhancing the safeguards of the adult.

1.15 Ensuring there are safeguards for the adult in the event of a deprivation of their liberty, including a standalone right of appeal.

Consideration as to how we might enhance safeguards and improve accessibility of powers of attorney will be undertaken by summer 2024

Training, guidance and awareness raising work ongoing throughout 2023/24 and will be completed by April 2025

Policy development to commence by October 2023

Options for possible legislative change to be considered by summer 2024

Consideration as to how we might enhance safeguards and improve accessibility of powers of attorney will be undertaken by summer 2024

Training, guidance and awareness raising work ongoing throughout 2023/24 and will be completed by April 2025

Policy development to commence by October 2023

Options for possible legislative change to be considered by summer 2024

Lead: Mental Health – Mental Health & Incapacity Law

2.1 We will consider the definition of ‘mental disorder’ and reach a position on what changes might be needed to better reflect developing human rights standards.

Agree scope of workstream by November 2023

Design and development of workstream by December 2023

Policy consideration to commence January 2024

Options for possible legislative change to be consulted on and consideration of next steps throughout 2024

Lead: Mental Health – Mental Health & Incapacity Law

2.2 We will consider whether the Mental Health Tribunal for Scotland should have a role in appointing a named person and in what circumstances that provision would apply. As part of this, we will consider whether the role of a listed initiator continues to be an essential safeguard.

Policy consideration to commence by January 2024

Initial work will be completed by Autumn 2024

Lead: Mental Health – Mental Health & Incapacity Law

Advance Statements

2.3 We will do further work to understand the barriers associated with take-up of Advance Statements with a view to improving the number and quality of Advance Statements. Advance Choices

2.4 We will consider the implications and benefits of moving to a model of Advance Choices and consider whether any changes to legislation are required to better realise benefits for patients.

Advance Statements Scoping work to commence in early 2024

Consideration and implementation of possible policy/practice improvements throughout 2024

Advance Choices

Scoping work to commence in early 2024

Lead: Mental Health – Mental Health & Incapacity Law

2.5 We will progress work to extend recorded matters to forensic orders

To be completed by April 2025

Lead: Mental Health – Mental Health & Incapacity Law

2.6 We will work to better understand practice around the granting of EDCs as part of our work to review Psychiatric Emergency Plans

This review will be completed by November 2024

Lead: Mental Health – Mental Health Unscheduled Care and Mental Health Law

3.1 We will initially review the current application of Adult Support and Protection (ASP) and child protection processes for 16-17 year olds. As part of this work, Iriss will develop a comparison table of child and adult protection processes for 16-17 year olds.

3.2 We will gather and review stakeholder feedback about strengths and challenges of overlapping age criteria with ASP legislation and Child Protection Guidance.

3.3 We will determine what, if any, change is required to ensure equalities and human right fulfilment and consistency of best practice across Scotland.

Iriss report will be completed by March 2024

Next steps for this work will be identified by Winter 2024

Lead: Mental Health – Adult Support and Protection