Mental health and wellbeing in primary care services: resources
This resource has been developed to support staff working in general practice. It is intended to help all staff contribute to the link worker function within the Services, by providing a directory of additional sources of help and support, that people can be connected in with.
29. Guidance
29.1 Mental Health Legislation
Most people who use mental health services receive treatment without being subject to an order or certificate under the Mental Health (Scotland) (Care and Treatment) Act 2003. For some individuals however, compulsory treatment is used to provide the person with medical treatment to alleviate suffering and for the protection of both the person and others. Compulsory treatment is only allowed under mental health legislation in Scotland in very strict circumstances.
The statutory Code of Practice sets out guidance to organisations and professionals who detain and treat people who are subject to the 2003 Act to ensure they uphold people’s human rights and provide care and treatment in accordance with the law. Volume
Two includes guidance on Emergency Detention Certificates which can be granted by General Practitioners in certain circumstances: mental health (care and treatment) (scotland) act 2003 code of practice volume 2 ?civil compulsory powers (parts 5, 6, 7 and 20) - gov.scot (www.gov.scot)
In addition, the Mental Welfare Commission has produced a range of guidance around good practice with regards to compulsory care and treatment. Guidance & advice | Mental Welfare Commission for Scotland (mwcscot.org.uk)
29.2 Adults with incapacity: guide to assessing capacity
The Adults with incapacity: guide to assessing capacity guidance has been produced to support professionals in assessing the capacity of individuals who may come under protection of the Adults with Incapacity (Scotland) Act 2000. It is designed to assist practitioners involved in conducting community care assessments by having more detailed guidance on communication and assessment of capacity.
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