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Section 45(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 places an mental health officer (MHO) under a duty to interview a patient before the granting of a short-term detention certificate. This is reinforced in Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice, which provides guidance and best practice as regards the full duties on the MHO, including their interview with the patient, ascertaining the name and address of the patient''s named person, and informing the patient of independent advocacy rights.

Two pilot announced inspections were undertaken in the Beatson Oncology Centre (NHS Greater Glasgow and Clyde) and Perth Royal Infirmary (NHS Tayside) during June and July 2009.

Two pilot announced inspections were undertaken in the Beatson Oncology Centre (NHS Greater Glasgow and Clyde) and Perth Royal Infirmary (NHS Tayside) during June and July 2009. The key learning points were published on:

http://www.nhshealthquality.org/nhsqis/6710.140.1366.html.

Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice clearly sets out the procedures which must be followed before a short-term detention certificate may be granted. The duty on the approved medical practitioner under section 44(10) of the 2003 Act to consult the patient''s named person is subject to the caveat at subsection (11) of section 44, that he or she need not consult the named person where it is impracticable to do so. Likewise, the duty on the mental health officer to interview the patient and take the other required steps before deciding whether to consent to the granting of a short-term detention certificate is subject to the caveat at subsection (2) of section 45, where it is impracticable to do so.

There is no requirement for a written report to be made available, although this may be done in practice. Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on procedures to be followed before the granting of a short-term detention certificate.

One of the criteria for a person to be made subject to compulsory measures of treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003 is that they have a mental disorder. I refer the member to the answer to question S3W-27157 on 22 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Arrangements with regard to the composition of inspections is available from the NHS Quality Improvement Scotland website using the following link:

http://www.nhshealthquality.org/nhsqis/6710.140.1366.html.

The inspection teams will comprise the required expertise and competencies.

Antipsychotic medicines are an important group of medicines that are very effective in the treatment of conditions such as schizophrenia, agitation, anxiety, mania and aggression. The use of such medicines is recommended within clinical guidelines such as those produced by the Scottish Intercollegiate Guidelines Network (SIGN).

As with all medicines, the available data on efficacy and safety are carefully considered at the time of licensing to ensure the benefits outweigh any potential risks. Once marketed, the safety of all medicines, including antipsychotics, is monitored by the Medicines and Healthcare products Regulatory Agency (MHRA) and the independent scientific expert advisory group the Commission on Human Medicines. Any new safety concerns that arise are thoroughly evaluated and the balance of risks and benefits is kept under continuous review.

All medicines have the potential to cause unwanted side-effects. The side-effects associated with antipsychotic medicines are well recognised and information and guidance on the use of these treatments is available from a number of sources such as the British National Formulary www.bnf.org and the Patient Information Leaflet, which should be supplied with the medicine.

In every case, the decision whether or not to prescribe any treatment for a patient depends on the clinical judgement of the doctor concerned wherever possible in consultation with the patient and also bearing in mind the risks and benefits of treatment.

Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the mental health officer''s interview with the patient. The guidance does not stipulate who may or may not be present at such interviews, although it is expected that independent interviews with the patient by medical professionals would be carried out separately. This is an issue which has already been drawn to officials'' attention and will be considered in the next review of the Code of Practice.

There are three ways in which a person may be subjected to compulsory measures of treatment under the civil regime in the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act), namely: (a) emergency detention; (b) short-term detention, and (c) long-term detention or compulsory measures under the authority of a compulsory treatment order. In addition, mentally disordered offenders may be made subject to compulsory measures of treatment by the courts under the Criminal Procedure (Scotland) Act 1995 (the 1995 Act).

The majority of compulsory measures of treatment for mental disorder are first approved by either the Mental Health Tribunal for Scotland under Part 7 of the 2003 Act (compulsory treatment orders) or by a court under the 1995 Act in relation to mentally disordered offenders. The two exceptions to this prior authority for treatment for mental disorder by a court or tribunal are: civil emergency detention under Part 5 of the 2003 Act, and short-term detention under Part 6 of the 2003 Act.

In relation to emergency detention, the authorised period of detention is just 72 hours and the purpose of the detention is to determine what medical treatment requires to be provided to the patient. There is no general authority to give treatment for mental disorder under an emergency detention certificate.

A short-term detention certificate does enable treatment to be given, in accordance with part 16 of the 2003 Act. Volume 1, Chapter 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the provision of medical treatment for mental disorder which are set out in part 16, including the issue of consent.