The Mental Health Tribunal for Scotland: the views and experiences of patients, named persons, tribunal panel members and health and social care professionals project

Welcome to the blog page of the Mental Health Tribunal for Scotland: the views and experiences of patients, named persons, tribunal panel members and health and social care professionals project. This page will tell you about the project, where you can help, and give updates about the project. 

Our final report will be available in Spring 2022.

We would still very much like to hear from patients and named persons with experience of the Mental Health Tribunal for Scotland, preferably within the last 5 years. If you are interested and would like some more information please get in touch by email:

A.McDonald2@napier.ac.uk

cmhcl@napier.ac.uk 

The intention is that the project findings will influence the law and processes around mental health support, care and treatment and improve these where necessary. It is therefore important that you have your say now! 

About the project

The project team and funding 

The project is being undertaken by the Centre for Mental Health and Capacity Law at Edinburgh Napier University and Queen’s University Belfast. The project team is currently: Professor Jill Stavert (project lead), Professor Michael Brown and Aimee McDonald (project research assistant).

It is funded by the Nuffield Foundation and is an independent study. This means that the project team decide how the project is run and, based on the information we collect, what its findings will be.

How long will the project run for?

The project started on 1 October 2017 and will end on 28 February 2022.

Project advisory groups

The project is supported by a Scottish Advisory Board, comprising a wide range of stakeholder representatives, and an international advisory group.

What the project is going to do 

  1. Find out about a wide range of views and experiences of the Mental Health Tribunal for Scotland processes – from patients, named persons, Tribunal panel members and health and social care professionals (e.g. clinicians, lawyers, social workers, independent advocates, etc).
  2. Evaluate the extent to which the Tribunal is seen to give effect to principles of the Mental Health (Care and Treatment) (Scotland) Act 2003 and international human rights standards.*
  3. Identify where there is good practice and where improvements might be needed.

*The project will not be deciding whether or not individual decisions of the Tribunal or compulsory measures under the Mental Health (Care and Treatment) (Scotland) Act 2003 are correct. It is looking at whether or not the experiences of those who experience Tribunal proceedings can be improved.

What have we done so far on the project?

  1. Literature review: We undertook a systematic review of academic literature from around the world about research into human rights and mental health tribunals. You can access and read the article here.
  2. Research ethics: We obtained the necessary ethical approval to carry out our research.
  3. Recruiting and collecting information from participants: We have been inviting potential participants to take part in the research. So far, we have held focus groups with Tribunal panel members and health and social care professionals and some interviews with patients and named persons. However, we would like to hear from more patients and named persons to enable us to obtain the most accurate picture we can of views on the Tribunal’s processes and meeting patients’ human rights.
  4. Information webinar and conferences: In March 2021, we held a webinar to provide information about the project. It was very well attended. Jill has also spoken at several conferences and other events about the project and in November 2019 Jill and Michael gave a presentation about the project at the Mental Health Tribunal for Scotland conference.

What we are doing now on the project

We are continuing to recruit and collect information from patients and named persons. We are also analysing the information we have and are collecting and drafting our final report. Our final report will be available in Spring 2022 and will provide information of our findings, how we interpret them and our conclusions and recommendations.

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