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The Mental Health (Care and Treatment) (Scotland) Act 2003 requires orders such as short-term detention certificates to be kept under review and revoked or varied as appropriate. Where a patient or named person does not think the requisite conditions for a short-term detention certificate have been met, it is open to them to appeal the decision to the Mental Health Tribunal. The Tribunal shall revoke the certificate if not satisfied that the requisite conditions have been met.

An approved medical practitioner can revoke a short-term detention certificate at any point during the maximum 28 day period if detention criteria are no longer met, this will include situations where they originally believed that the conditions had been met.

Mental health law in Scotland is based on rights and principles and offers patients significant safeguards where compulsory treatment is necessary. Safeguards include a right to independent advocacy and an efficient and independent Mental Health Tribunal which grants and reviews orders for compulsory treatment.

Scottish mental health and incapacity legislation is based on rights and principles. Our legislation is compliant with the European Convention on Human Rights and has never been found, in part or in whole, by the European Court of Human Rights to be incompatible with the Convention.

Public authorities, including NHS boards, are required by the Human Rights Act 1998 to act in a way that is compatible with the European Convention on Human Rights and will need to satisfy themselves that they do so, taking into account any relevant judgements of the ECHR.

Scottish mental health and incapacity legislation sets clear safeguards which apply to ensure that any treatment given to patients subject to compulsory measures is compatible with Convention rights.

Mental health law in Scotland is based on rights and principles and offers patients significant safeguards where compulsory treatment is necessary. Safeguards include a right to independent advocacy and an efficient and independent Mental Health Tribunal which grants and reviews orders for compulsory treatment.

For example, a short-term detention certificate (STDC) should be the usual route into hospital for someone who needs compulsory treatment. The STDC offers several safeguards for the person. Before granting the certificate, the doctor must consult a mental health officer (MHO) and get her or his agreement. In deciding whether to agree to the certificate, the MHO should speak to the patient in person, unless there is a good reason why they cannot do this.

The patient or the patient’s named person can appeal to the Mental Health Tribunal to have the STDC revoked. Additionally, the patient has a right to support from an independent advocate. The independent body, the Mental Welfare Commission for Scotland monitors the use of Scottish mental health law, including compulsory treatment. The Commission also has the power to intervene in particular cases if there is evidence of improper care, treatment or practices.

A short-term detention certificate (STDC) should be the usual route into hospital for someone who needs compulsory treatment. The STDC offers several safeguards for the person. Before granting the certificate, the doctor must consult a mental health officer (MHO) and get her or his agreement. In deciding whether to agree to the certificate, the MHO should speak to the patient in person, unless there is a good reason why they cannot do this. Where possible, the doctor should also consult the patient’s named person, and most recent data shows that named persons are consulted in around half of cases where an STDC is made.

Once an STDC is granted, it can be revoked at any time by the patient’s responsible medical officer if they think it is no longer needed. The patient or the patient’s named person can appeal to the Mental Health Tribunal to have the STDC revoked. Additionally, the patient has a right to support from an independent advocate.

It is the responsibility of local authorities to plan their Mental Health Officer (MHO) workforce, ensuring they have the appropriate levels of staff in place to provide services for their residents. The Scottish Government recognises the invaluable contribution made by this workforce to improving the lives of mental health patients and their friends and families.

The requested information is not held centrally. Consultant assessment panels are convened pursuant to the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009; the process is overseen by the Royal Colleges on behalf of the Scottish Government. Relevant information on the number of panels convened and cancelled in any given year is published in annual reports that are accessible via the Scottish Academy website:

http://www.scottishacademy.org.uk/who.php.

All funding for NHS Boards as set out in the budget agreed by the Scottish Parliament is allocated to NHS Boards accordingly.

Since the integration of health and social care, the Scottish Government has directed that an element of funding within the settlement for NHS Boards is invested in Integration Authorities. This has taken additional support available for Health and Social Care Integration to almost half a billion in 2017-18, and goes towards delivering the Scottish Government’s commitment on the living wage for adult social care workers.

Staffing data on school nurses is published by ISD Scotland and is held at NHS Board level.

Due to a number of changes in the recording and collection of school nursing data, figures published by ISD Scotland are not directly comparable between 1999 and 2017 and have been split accordingly:-

• Information on school nurses from 1999 can be found on the workforce statistics web site at: http://www.isdscotland.org/Health-Topics/Workforce/Historic-Data/WFE01_HB_REG.xls

• Further information on school nurses from 2007 onwards can be found on the statistics web site at: http://www.isdscotland.org/Health-Topics/Workforce/Publications/2012-11-27/Nursing_and_Midwifery_SIP_S2012.xls?52391154

• Information on school nurses from 2013 onwards can be found on the statistics web site at: https://www.isdscotland.org/Health-Topics/Workforce/Publications/2016-09-06/Non-Medical_Trend_J2016.xls

• Information on school nurses from September 2015 onwards can be found on the statistics web site at: https://www.isdscotland.org/Health-Topics/Workforce/Publications/2017-09-05/Nursing_and_Midwifery_SIP_J2017.xls

The Standards of Care for Dementia in Scotland (2011) include the standard that people with dementia have the right to be treated in line with the law. Through implementation of our dementia workforce framework Promoting Excellence, we are continuing to support alternative interventions other than medication to manage stress and distress. The framework also details the knowledge and skills all health and social services staff should aspire to achieve in relation to the role they play in supporting people with a diagnosis of dementia, and their families, and carers. The framework should be used at a personal, service provider and organisational level in a number of ways, and for a range of purposes. Part of that includes understanding that legislation exists to protect the rights of people with dementia and safe guard them against any potential risk or harm. Systems must be in place to ensure that capacity to consent to treatment is considered and that appropriate documentation is in place when required.

Our legislation follows a rights based approach and the Code of Practice which accompanies the Adults with Incapacity Act (2000) explains that the use of covert medication is permissible in certain, limited circumstances e.g. to safeguard the health of an adult who is unable to consent to the treatment in question, where other alternatives have been explored and none are practicable. Practitioners are also referred to guidance documents covering Consent to Treatment and Covert Medication.

I also refer you to the answer to S5W-11345 on 27 September 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.

Improving care and support for people with dementia and those who care for them has been major ambition of this government. Over the last decade, dementia services have been transformed, with excellent contributions from staff working across health and social care, the public, third and independent sectors. In June 2017 we published Scotland's third National Dementia Strategy maintaining a focus on improving the quality of care for people living with dementia and their families.

A meeting has been set up by Scottish Government officials with Chief Officers and Chief Finance Officers of a number of Integration Joint Boards, along with COSLA, to discuss the implementation of Free Personal Care for under 65's. This meeting is due to take place on Thursday 26 October.