Mental health

ADULTS WITH INCAPACITY AND MENTAL HEALTH OFFICER TEAM

West Lothian Council's Adults with Incapacity and Mental Health Officer Team was created to provide a specialist service following the intoduction of the Adults with Incapacity(Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003.  The team comprises six Specialist Mental Health Officers, i.e. specially trained Social Workers who have experience and expertise in working with people who have a Mental Disorder, a Team Manager and an Administrative Assistant.

What We Do:

The Specialist MHOs participate in the provides services under the Mental Health(s) Act 2003 in relation to Emergency, Short Term, and Compulsory Treatment Orders. The team also undertake work with mentally disordered offenders under the Criminal Procedure (Scotland) Act 1995.  In addition team members act as Designated Mental Health Officers to those who have been the subject of a statutory order.
The Team are involved in actions to safeguard the welfare, finances and property of those who lack capacity as a result of mental disorder and have a duty to supervise anyone who has been appointed as a Guardian, or anyone who is subject to a Welfare Guardianship. The Team have responsibility for advising Carers and other Professionals on such issues as Guardianship, Powers of Attorney and Intervention Orders.

Contact details:

Chris Sutton,
Adults with Incapacity & Mental Health Officer Team Manager,
West Lothian Council,
Lomond House,
Livingston,
EH54 6QF
01506 775710

Please see the Contact Us panel at the right of this page for telephone and email details.

MENTAL HEALTH OFFICER:

A Mental Health Officer is a qualified Social Worker with a minimum of two years post qualification experience. To become accredited, they must complete a further years study on Mental Disorder and the Law in relation to this issue. A Mental Health Officer has a range of statutory duties under the Mental Health (Care & Treatment)(s) Act 2003 and the Adults with Incapacity(s) Act 2000. For instance a person cannot be detained in hospital without the consent of a M.H.O. (Mental Health Officer).

MENTAL DISORDER:

A mental disorder is any condition which affects the brain in an adverse way. Mental disorders range from mental illness such as Schizophrenia to Dementia and Brain Damage. Learning Disability, while not a mental illness, is classed as a mental disorder. Within the 2003 Act, Personality Disorder (of any type) is viewed as a mental disorder.

POWERS OF ATTORNEY:

A Power of Attorney can be granted by one adult, who has capacity, to another to allow them to act on their behalf. This can cover Welfare (relating to personal issues) or Financial (relating to money or property) or both. Powers of Attorney must be registered with the Office of the Public Guardian (O.P.G.) in Falkirk.

GUARDIANSHIP:

This is a legal order which allows the Court to grant powers over an adult (someone over 16), who lacks capacity (an ability to act, understand, or retain the memory of decisions). The order can only contain powers specifically requested. These can be imposed for WELFARE or FINANCIAL matters or even both. A Guardian can either be an individual or the local authority, and can last from 1 year to an indefinite period.

S10 INVESTIGATIONS:

This imposes a duty of action on Councils to investigate where an Adult with Incapacity is at risk or is allegedly being abused or exploited. The Office of the Public Guardian have the same duty in relation to financial matters. The Adults With Incapacity Team negotiated the first concordant which allows information to be exchanged in relation to investigations. This is now the standard approach across Scotland, as a consequence of its success.

ADULT WITH INCAPACITY:

An adult is anyone over 16 years. This is a chronological, rather than functional age. Anyone who, as a result of a mental disorder, lacks an ability to act, understand, or retain the memory of decisions, is classed as lacking capacity. So too is anyone who has no ability whatever to communicate. Such a status is verified by a Consultant Psychiatrist after assessment.

MENTAL HEALTH (CARE & TREATMENT)(s) ACT 2003:

This is the main legislation in Scotland in relation to mental disorder. It was enacted in October 2005.

EMERGENCY ORDERS s33:

An Emergency Order allows admission to hospital for up to 3 days to assess someone?s mental state. This requires the consent of a Mental Health Officer to the application by a Doctor.

SHORT TERM ORDER s44:

A Short Term Order can either follow a S33 Emergency Order or be used alone to admit someone to hospital from the community. While the consent of a Mental Health Officer is still required, the Doctor involved must be either a Consultant or Specialist Registrar in Psychiatry. It lasts up to 28 days.

COMPULSORY TREATMENT ORDERS s64:

A Compulsory Treatment Order (C.T.O.) allows for either admission to, or detention in, hospital. If a person is already in hospital, the order can be used to continue their stay. If not in hospital, it is possible to either admit them directly under the order, or to impose services on them in their own place of residence. To obtain a C.T.O., it is necessary for the Mental Health Officer (M.H.O.) to apply to a Tribunal.

TRIBUNAL:

This system replaced a Sheriff Court as the decision making body in October 2005. A Tribunal consists of 3 members. A Chair (a Lawyer), a Medical member (a Psychiatrist), and a General member (often a Social Worker, Nurse, Occupational Therapist, Service User or Carer).