Review of the arrangements for investigating the deaths of patients being treated for mental disorder

Scope of the review

12. The aim of this Review was to establish whether the current arrangements for investigating the deaths of people being treated for mental disorder are adequate, and how well hospitals and other organisations support and engage with the families of people who have died.

13. The Review considered the arrangements for investigating the deaths, including deaths by suicide, of people who were:

Detained by powers set out in the 2003 Act

The 2003 Act allows for people to be placed on different kinds of compulsory order according to their particular circumstances. There are three main types of compulsory powers:

• emergency detention
• short-term detention
• compulsory treatment order

Additionally, the 2003 Act gives Scottish Ministers the power to make a transfer for treatment direction in respect of prisoners with mental disorder.

Detained by powers set out in part VI of the 1995 Act

The 1995 Act sets out the orders that courts can make when dealing with a criminal case where the accused has a mental disorder. It allows people to receive care and treatment for their mental disorder when they are, or have been, prosecuted for a criminal offence. The courts can make a number of different types of order depending on the stage of criminal proceedings and how much care the accused will need for their illness. These orders are:

• assessment order
• treatment order
• temporary compulsion order
• interim compulsion order
• compulsion order
• restriction order (only made in conjunction with a compulsion order)
• hospital direction

Admitted voluntarily to hospital
Many people are admitted to hospital on a voluntary basis for treatment of mental disorder.

14. Alongside consideration of the arrangements for investigating the deaths of people in hospital for treatment for mental disorder, the Review also looked at the arrangements of those people who were not in hospital but who died while either being treated in the community (and subject to a community based compulsory treatment order, or a compulsion order) or while their detention (under a 2003 Act or 1995 Act order) was suspended.

15. A key requirement of section 37 of the 2015 Act is that where practicable there must be consultation with the nearest relatives of people who died while subject to care or treatment for mental disorder.