National Care Standards: Care Homes for People with Mental Health Problems

Annex B Useful reference material

Legal

The Adults with Incapacity (Scotland) Act 2000

Under this Act anything that is done on behalf of an adult with incapacity will have to:

• benefit him or her;
• take account of the person's wishes and those of his or her nearest relative, carer, guardian or attorney; and
• achieve the desired purpose without unduly limiting the person's freedom.

The Data Protection Act 1998

The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

Fire Precautions (Workplace) Regulations 1997 (as amended)

The Regulations place a responsibility on employers for carrying out risk assessments in relation to premises. The risk assessment is a means of providing fire precautions for the safety of people using the premises.

The Disability Discrimination Act 1995

This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

The Health and Safety at Work etc Act 1974

The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.

The Human Rights Act 2000

The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

• freedom of thought, conscience and religion;
• freedom of expression;
• freedom of assembly and association;
• the right to have respect for private and family life; and
• the right to marry.

The Mental Health (Scotland) Act 1984

This Act sets out how a person can be treated if they have a mental illness and what their rights are.

The Misuse of Drugs Act 1971

The Act is the main law for drugs control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Police Act 1997

Part V of the Police Act 1997 was implemented in April 2002. This provides for the Scottish Criminal Records Office to issue criminal record information certificates to individuals and organisations.

The Public Interest Disclosure Act 1998

The Act protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976

The Act makes racial discrimination illegal in employment, training and other areas.

The Race Relations (Amendment) Act 2000

The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001

The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

You can visit these websites for information:

• Regulation of Care (Scotland) Act 2001 www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm

• Regulation of Care (Scotland) Act 2001 Statutory Instruments www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm

The Rehabilitation of Offenders Act 1974

The Act enables some criminal convictions to become 'spent' or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.

The Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland 1999

The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

Our National Health 2000

The health plan aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

Renewing Mental Health Law 2001

The Scottish Executive's proposals for changes to existing legislation arising from its consideration of the Review of the Mental Health (Scotland) Act 1984.

Other useful reference material

Adams, A., and Wilson, D. (1996), Older People with Mental Health Difficulties: User Preferences and Housing Options, Age Concern Scotland, Edinburgh.

Alexander, H and Calder, E (1999), Ailsa Hospital/Richmond Fellowship Scotland Resettlement Programme: An Evaluation of the Outcomes, Ayrshire and Arran Health Board, Ayr.

The Avon Mental Health Partnership, The Avon Mental Health Measure, The Avon Mental Health Partnership, Bristol.

Borders Voluntary Community Care Forum (1999), Consultation Report on Assessment and Access to Services, Borders Voluntary Community Care Forum, Earlston.

Carver, Andrew (1998), Asking Patients, Scottish Association of Health Councils, Edinburgh.

Department of Health and Aged Care (1997), Standards for Aged Care Facilities.

Department of Health/Social Services Inspectorate (1989), Homes are for Living In: A Model for Evaluating Quality of Care Provided, and Quality of Life Experienced in Residential Care Homes for Elderly People, HMSO, London.

Douglas, A., MacDonald, C. and Taylor, M. (1998), Living Independently with Support: Service Users' Perspectives on 'Floating Support', Policy Press, Bristol.

Goss, Sue (1998), A Framework for Housing with Support: A Tool to Describe, Evaluate and Continuously Improve Services, National Housing Federation, London.

The Health Advisory Service (1999), Standards for Adult Mental Health Services, Pavilion, Brighton.

Health and Safety in Care Homes 2001, Health and Safety Executive.

Highland Users Group (1998) Quality: A Report on the Views of Highland Users Group on what Elements of an Organisation's Practices Contribute to a High Quality Service, HUG, Inverness.

Highland Users Group (1999), Housing: A Report on the Views of Highland Users Group About Housing and its Connection with People with Mental Health Problems, HUG, Inverness.

Lothian Health Council (1996), What Makes Good Mental Health Services? Report of the Consultation with People Using Mental Health Services in East Lothian and Midlothian, Lothian Health Council, Edinburgh.

Lothian Health Council (1996), What Makes Good Mental Health Services? Report of the Consultation with People Using Mental Health Services in West Lothian, Lothian Health Council, Edinburgh.

Mental Health and Wellbeing Support Group (2001), Risk Management Report.

National Housing Federation and the Mental Health Foundation (1996), Code of Conduct for Housing Care and Support, National Housing Federation and the Mental Health Foundation, London.

Petch, Alison (1990), Heaven Compared to a Hospital Ward, University of Stirling, Stirling.

Quirk, A., Stewart, J., and McGeorge, M. (2000), Safety and Risk on Psychiatric Wards: Views and Experiences of Staff, Service Users and Visitors, Royal College of Psychiatrists, London.

Rogers, A., Pilgrim, D. and Lacey, R. (1993), Experiencing Psychiatry: Users' Views of Services, Macmillan/Mind, London.

Royal College of Psychiatrists (1998) Management of Imminent Violence: Clinical Practice Guidelines Quick Reference Guide, Royal College of Psychiatrists, London.

Royal Edinburgh Hospital Patients Council (1998) Quality from the Users' Perspective, Royal Edinburgh Hospital Patients Council, Edinburgh.

Scottish Health Advisory Service (1999), Mental Health Standards, Scottish Health Advisory Service, Edinburgh.

Shaping Our Lives National Users Group, The Outcomes We Want and How We Can Achieve Them. Statement of User's Views on Outcomes, Shaping Our Lives National Users Group, National Users Group.

Shepherd, G. Murray, A., and Muijen, M. (1994), Relative Values: The Differing Views of Users, Family Carers and Professionals on Services for People with Schizophrenia in the Community, Sainsbury Centre, London.

Smith, H. and Kerruish, A. (1993), Developing Quality Residential Care: A User-Led Approach. Longman, Essex.

Warner, L., Bennett, S., Ford, R., and Thompson, Kelly (1997), Home from Home: A Guide to Good Practice in the Provision of Housing and Support for People with Mental Health Problems, Sainsbury Centre, London.

Restraint

Harris, J., Allen D., Cornick, M., Jefferson, A. & Mills, R. (1996) Physical Interventions: A policy framework. Kidderminster: British Institute of Learning Disabilities.

Mental Welfare Commission (1998) Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.

Administration of medicines

Royal Pharmaceutical Society of Great Britain (2001) The Administration and Control of Medication in Care Homes

UKCC (2000) Guidelines for the administration of medicines. (Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

UKCC (2001) Position statement on the covert administration of medicines. Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

Volunteering

The Scottish Compact (1998) The Scottish Office Framework for Volunteering - Policy and Procedures in Voluntary organisations (1998) Volunteer Development Scotland

Engaging Volunteers - A Good Practice Guide (1995 - reprinted 1998) Volunteer Development Scotland

Protecting Children (1995) Volunteer Development Scotland