VOX (Voices Of eXperience)

Constitution/Principles of the Mental Health (Care and Treatment) Act

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Constitution/Principles of MH Act

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to download the constitution

click on this text to download the file

Please click the above underlined link to download VOX's 12 page constitution

The Constitution was formally adopted at our first AGM on 11th December 2006

We list for your information the principles of the Mental Health (Care and Treatment) Act 2003 and a short explanation of each. A little note about terminology; we use "mental disorder" as that is the term used in the Law. Please contact us if you have experienced detention (sectioning) and feel that these principles have not been upheld. We will not be able to advocate for you individually, but we can give you information about how to access individual advocacy as well as take  your issue generally to the Mental Welfare Commission. It is their responsibility to ensure that these principles are followed:

1.Non-discrimination-People with mental disorder should, wherever possible, keep the same rights and entitlements as those with other health needs.

2.Equality-All powers under the Act should be exercised without any direct or indirect discrimination on the grounds of physical disability, age, gender, sexual orientation, language, religion or national, ethnic or social origin.

3.Respect for diversity-Service Users should recieve care, treatment and support in a manner that accords respect for their individual qualities, abilities and diverse backgrounds.

4.Reciprocity-Where an obligation is imposed on an individual to comply with a programme of treatment/care, an obligation is also imposed on the health and social care authorities to provide safe and appropriate services,including ongoing care following discharge from compulsion (sectioning).

5.Informal Care-Wherever possible, care, treatment and support should be provided to people with mental disorder without the use of compulsory powers.

6. Participation-Service users should be fully involved, so afr as they are able to be, in all aspects of their assessment, care, treatment and support. Their past and present wishes should be taken into account. (including those in your advanced statement and your nominated named person)They should be provided with all the information and support necessary to enable them to participate fully. (Remember you have a right of access to independent advocacy!)

7. Respect for Carers-Those who provide care to service users on an informal basis should recieve respect for their role and experience, receive appropriate information and advice, and have their views and needs taked into account.

8. Least restricitve alternative-Service users should be provided with any necessary care, treatment and support both in the least restrictive way and the least invasive way, and in a place that allows the delivery of safe and effective care, taking into account the safety of others, where appropriate.

9. Benefit-Any intervention under the Act should be likely to produce a benefit for the service user.

10. Child welfare-The welfare of any child with mental disorder should be paramount in any interventions imposed on the child under the Act.      

 

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Write to us at VOX,c/o The Mental Health Foundation (Scotland), 5th Floor, Merchants House,  30 George Square, Glasgow, G2 1EG.
or call us at 0141 572 1663