The following are recognised guiding principles when considering the use of compulsory measures under the Mental Health (Care & Treatment)(Scotland) Act 2003 to provide care and treatment:
- The present and past wishes and feelings of the patient must be considered.
- The views of the patient’s Named Person, carer and any guardian or welfare attorney must be taken into account.
- The patient should be assisted to participate as fully as possible.
- The patient should be provided with support e.g. Access to a solicitor and Advocacy services etc.
- It is important to consider the full range of treatment options available.
- Treatment must provide maximum benefit to the patient.
- The Act must impose minimum restriction of the freedom of the person, which appears to be necessary under the circumstances.
- The person’s background and characteristics, including age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group must be considered.
- It is important to provide appropriate services and continuing care to the patient.
- The needs and circumstances of the person’s carer should be considered, providing such information as might be necessary for the ongoing care of the patient.
- Where society imposes an obligation on an individual to comply with a programme of treatment and care, it should impose a parallel obligation on the health and social care authorities to provide safe and appropriate services, including ongoing care following discharge from compulsory treatment (Principle of Reciprocity).