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Scottish place of safety legislation: local audit of Section 297 Mental Health (Care and Treatment) (Scotland) Act 2003

  • Amy M. Macaskill (a1), Barbara A. Brodie (a1) and Brian Keil (a1)
Abstract
Aims and method

Following recommendations made by our 2004–2005 audit, we carried out a re-audit of the local Section 297 protocol in 2007–2008. Our aim was to establish the quality of documented information provided by the police; adherence to the protocol; completion rates of documentation; and rates of notification to the Mental Welfare Commission for Scotland, in keeping with the standards set in the Code of Practice of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Results

We reliably traced 84 POS1 forms completed in accordance with the protocol. The audit identified a rate of 74–89% notification to the Mental Welfare Commission for Scotland. By comparison, there is a surprisingly wide variation in notification rates across Scotland. Good-quality information was given by the police, despite receiving no additional training.

Clinical implications

This audit highlights a serious lack of information about place-of-safety legislation in Scotland. For patients in the catchment area, the joint protocol and use of standard documentation has significantly standardised patient care. Other health boards and police forces should consider this as they implement legislation.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Corresponding author
Dr Amy M. Macaskill (amy.macaskill@nhs.net)
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Declaration of interest

None.

Footnotes
References
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1 Jones, SL, Mason, T. Quality of treatment following police detention of mentally disordered offenders. J Psychiatr Ment Health Nurs 2002; 9: 7380.
2 Bean, P, Bingley, W, Bynoe, I, Faulkner, A, Rassaby, E, Rogers, A, et al. Out of Harm's Way: National Association for Mental Health's (MIND's) Research into Police and Psychiatric Action under Section 136 of the Mental Health Act. MIND, 1991.
3 Nursing Standard. Police custody used as place of safety for mentally ill people. Nurs Stand 2008; 23: 7.
4 Cherrett, K. Policing the mentally ill: an attitudinal study of police contact with mentally disordered persons within the Gwent Constabulary. Police J 1995; 68: 22–8.
5 Docking, M, Grace, K, Bucke, T. Police Custody as a ‘Place of Safety’: Examining the Use of Section 136 of the Mental Health Act 1983. Independent Police Complaints Commission, 2008.
6 Royal College of Psychiatrists. Standards on the Use of Section 136 of the Mental Health Act 1983 (College Report CR149). Royal College of Psychiatrists, 2008.
7 Begum, M, Helliwell, R, Mackay, A. Difficulties with use of the Mental Health (Scotland) Act 1984 by general practitioners in rural Scotland. Psychiatr Bull 2004; 28: 248–50.
8 Graham, J. Policing and the mentally disordered. Scott Med J 2001; 46: 38–9.
9 Mental Health (Care and Treatment) (Scotland) Act 2003. TSO (The Stationery Office), 2003 (http://www.opsi.gov.uk/legislation/scotland/acts2003/pdf/asp_20030013_en.pdf).
10 Scottish Executive. Mental Health Care and Treatment (Scotland) Act 2003: Code of Practice, Vol. 1. Blackwell, 2005.
11 Scottish Executive. Mental Health Care and Treatment (Scotland) Act 2003: Code of Practice, Vol. 2. Blackwell, 2005.
12 Scottish Executive. New Directions: Report on the Review of the Mental Health (Scotland) Act 1984. Scottish Executive, 2001.
13 Mental Welfare Commission for Scotland. Our Overview of Mental Welfare in Scotland 2006–07: Report on Findings from our Monitoring of the Use of Mental Health and Incapacity Legislation. Mental Welfare Commission for Scotland, 2007 (http://www.mwcscot.org.uk/web/FILES/Publications/MWC_Overview_2006_07.pdf).
14 Strathclyde Police. About Us. Strathclyde Police, 2010 (http://www.strathclyde.police.uk/index.asp?locID=263&docID=-1).
15 Northern Constabulary. Facts and Figures. Northern Constabulary, 2009 (http://www.northern.police.uk/facts-and-figures.html).
16 Tayside Police. About Us. Tayside Police, 2010 (http://www.tayside.police.uk/about.php).
17 Lothian and Borders Police. Lothian and Borders Police Recruitment: Force Information. Lothian and Borders Police, 2010 (http://www.lbp.police.uk/recruitment/force-information.asp).
18 Grampian Police. About the Force. Grampian Police, 2010 (http://www.grampian.police.uk/About.aspx?id=42&pid=30;31).
19 Fife Constabulary. Policing Your Area. Fife Constabulary, 2010 (http://www.fife.police.uk/Default.aspx?page=5).
20 Central Scotland Police. About Us. Central Scotland Police, 2010 (http://www.centralscotland.police.uk/about/index.php).
21 Nursing Standard. Police need better training in mental health issues. Nurs Stand 2008; 23: 11.
22 BMJ. Charity calls for better training of police in handling mentally ill people. BMJ 2008; 337: 537.
23 Lynch, RM, Simpson, M, Higson, M, Grout, P. Section 136, The Mental Health Act 1983: levels of knowledge among accident and emergency doctors, senior nurses, and police constables. Emerg Med J 2002; 19: 295300.
24 Place of Safety (Section 297, Mental Health (Care and Treatment) (Scotland) Act 2003) Standard Operating Procedures. Specialist Services Division, Fife Constabulary, August 2010.
25 Scottish Executive. Fair to All, Personal to Each: The Next Steps for NHSScotland. Scottish Executive, 2004 (http://www.scotland.gov.uk/Publications/2004/12/20400/48699).
26 Mental Welfare Commission for Scotland. Annual Report 2008–2009. Mental Welfare Commission for Scotland, 2009 (http://reports.mwcscot.org.uk/annual_monitoring/overview2008–2009/additionalfindingsmonitoringprogramme/place_of_safety_orders_09.aspx).
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Scottish place of safety legislation: local audit of Section 297 Mental Health (Care and Treatment) (Scotland) Act 2003

  • Amy M. Macaskill (a1), Barbara A. Brodie (a1) and Brian Keil (a1)
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