Archive for the ‘Legislation’ Category

Adult Support and Protection (Scotland) Act 2007

April 14, 2015


  • Vulnerable to being harmed due to physical/mental illness or disability
  • Harm risk
  • Safeguard – unable to safeguard themselves, home, property, rights or interests

Detention criteria

August 11, 2014

When detaining a patient, MD’s Take Risks Necessarily (or Now)

The patient must have:

  • Mental disorder (illness), personality disorder, learning disability
  • Decision making significantly impaired, with respect to medical treatment of┬áthe disorder only
  • Treatment – determining what treatment or giving medical treatment
  • Risk of welfare/health/safety (WHS) or safety of others if not detained
  • Necessary – decision to detain must be deemed necessary

Mental Health (Care and Treatment) (Scotland) Act 2003