Learning from Loss surveys - FAO Mental Health Law Unit

The request was successful.

FAO Mental Health Law Unit
RE.: Learning from Loss surveys
Dear Sir / Madam,
1) Please could you send me a copy of the questionnaires used in this consultation? I wish to see all of the questions used in these questionnaires, as the completed questionnaires are, understandably, confidential.
2) Please could you send me full details of all of the methods and media used by you to publicise this consultation?
3) Please could you explain why, in spite of the fact that this consultation would not have been conducted in the first place without my Amendments submitted through my MSP to the 2015 Mental Health Act, there has been no attempt to contact me directly to inform me of the initiation of this consultation? Would this not have been the courteous thing to do?
For your information, I submitted 4 Amendments with respect to: Fatal Accident Inquiries; data and statistics on deaths, suicides and `adverse events` including assaults; psychotropic drugs; and also one asking for a Review of the Mental Health Act, to consider the removal of people with Learning Disabilities and Autism from the provisions of the Act. This latter Amendment was also submitted by the Learning Disability Cross Party Group through Jackie Baillie MSP. Two years previously, I had given a presentation to this CPG on this very issue.
Please refer to these articles for further information on these amendments:-
https://newsnet.scot/citizen/autism-and-...
https://newsnet.scot/news-analysis/we-sh...

I look forward to receiving your reply at your earliest possible convenience.

Yours faithfully,
Fiona Sinclair
Autism Rights

Scottish Government Health and Social Care Directorates

1 Attachment

Dear Ms Sinclair,

 

Thank you for your request dated 14 September 2018 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for the following information
regarding the Learning from Loss surveys for families & carers and staff
to provide their experiences of investigations into deaths of patients in
hospital for treatment of a mental disorder:

 

1) Please could you send me a copy of the questionnaires used in this
consultation? I wish to see all of the questions used in these
questionnaires, as the completed questionnaires are, understandably,
confidential.

 

2) Please could you send me full details of all of the methods and media
used by you to publicise this consultation?

 

3) Please could you explain why, in spite of the fact that this
consultation would not have been conducted in the first place without my
Amendments submitted through my MSP to the 2015 Mental Health Act, there
has been no attempt to contact me directly to inform me of the initiation
of this consultation? Would this not have been the courteous thing to do?

For your information, I submitted 4 Amendments with respect to:  Fatal
Accident Inquiries; data and statistics on deaths, suicides and `adverse
events` including assaults; psychotropic drugs; and also one asking for a
Review of the Mental Health Act, to consider the removal of people with
Learning Disabilities and Autism from the provisions of the Act. This
latter Amendment was also submitted by the Learning Disability Cross Party
Group through Jackie Baillie MSP. Two years previously, I had given a
presentation to this CPG on this very issue.

Please refer to these articles for further information on these
amendments:-
[1]https://newsnet.scot/citizen/autism-and-...

[2]https://newsnet.scot/news-analysis/we-sh...

 

We received your request on 14 September 2018 and will respond to
questions 1 and 2 in accordance with FOISA by 12 October 2018.

 

Question 3 is not a request for recorded information that we hold and is
therefore is invalid under FOISA.  However, we will address this question
separately from the response to questions 1 and 2 under FOISA and respond
by 12 October 2018 (20 working days since receipt of your initial email). 
If you would like us to send our response to question 3 to a different
email address, please contact this inbox to request this.

 

If you have any queries, you can email this inbox, quoting case number
FoI/18/02595.  Please accept my apologies for the delay in acknowledging
your request.

 

Kind regards,

Chris Lindores

 

 

Chris Lindores

Policy Officer

Law and Protection of Rights Team

Mental Health and Protection of Rights Division

[3]@lawprt

 

Scottish Government

St Andrew’s House

Regent Road

Edinburgh EH1 3DG

 

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References

Visible links
1. https://newsnet.scot/citizen/autism-and-...
2. https://newsnet.scot/news-analysis/we-sh...
3. http://www.twitter.com/lawprt

Scottish Government Health and Social Care Directorates

5 Attachments

Dear Ms Sinclair,

 

Thank you for your request dated 14 September 2018 under the Freedom of
Information (Scotland) Act 2002 (FOISA).

 

Your request

 

You asked for the following information:

 

 

FAO Mental Health Law Unit

RE.: Learning from Loss surveys

Dear Sir / Madam,

 

1) Please could you send me a copy of the questionnaires used in this
consultation? I wish to see all of the questions used in these
questionnaires, as the completed questionnaires are, understandably,
confidential.

 

2) Please could you send me full details of all of the methods and media
used by you to publicise this consultation?

 

3) Please could you explain why, in spite of the fact that this
consultation would not have been conducted in the first place without my
Amendments submitted through my MSP to the 2015 Mental Health Act, there
has been no attempt to contact me directly to inform me of the initiation
of this consultation? Would this not have been the courteous thing to do?

For your information, I submitted 4 Amendments with respect to:  Fatal
Accident Inquiries; data and statistics on deaths, suicides and `adverse
events` including assaults; psychotropic drugs; and also one asking for a
Review of the Mental Health Act, to consider the removal of people with
Learning Disabilities and Autism from the provisions of the Act. This
latter Amendment was also submitted by the Learning Disability Cross Party
Group through Jackie Baillie MSP. Two years previously, I had given a
presentation to this CPG on this very issue.

Please refer to these articles for further information on these
amendments:-
[1]https://newsnet.scot/citizen/autism-and-...

[2]https://newsnet.scot/news-analysis/we-sh...

 

I look forward to receiving your reply at your earliest possible
convenience.

 

Yours faithfully,

Fiona Sinclair

Autism Rights

 

 

Response to your request

 

I enclose a copy of most of the information you requested.

 

The answer to your question 1 is contained in attached document ‘Annex A -
Learning from Loss survey questionnaires’.

 

The answer to your question 2 is contained in attached document ‘Annex B -
Methods and media used for publicising surveys’.

 

Where we do not hold the information requested, this is detailed in the
appropriate point in the annexes.

 

As noted in my acknowledgement email on 3 October 2018, question 3 is not
a valid request for information under FOISA so it will not be answered
here.  However, we will respond to it separately by 12 October 2018.

 

Your right to request a review

 

If you are unhappy with this response to your FOI request, you may ask us
to carry out an internal review of the response, by writing to Andrew
Scott, Director of Population Health, Scottish Government, St Andrew’s
House, Regent Road, Edinburgh EH1 3DG or by email at
[3][email address]  Your review request should explain
why you are dissatisfied with this response, and should be made within 40
working days from the date when you received this email.  We will complete
the review and tell you the result, within 20 working days from the date
when we receive your review request. 

 

If you are not satisfied with the result of the review, you then have the
right to appeal to the Scottish Information Commissioner.  More detailed
information on your appeal rights is available on the Commissioner’s
website at:
[4]http://www.itspublicknowledge.info/YourR....

 

Kind regards,

Chris Lindores

 

[5]cid:image001.png@01D45BBF.9C204A30

 

Chris Lindores

Policy Officer

Law and Protection of Rights Team

Mental Health and Protection of Rights Division

[6]@lawprt

 

Scottish Government

St Andrew’s House

Regent Road

Edinburgh EH1 3DG

 

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References

Visible links
1. https://newsnet.scot/citizen/autism-and-...
2. https://newsnet.scot/news-analysis/we-sh...
3. mailto:[email address]
4. http://www.itspublicknowledge.info/YourR...
6. http://www.twitter.com/lawprt

Scottish Government Health and Social Care Directorates

1 Attachment

Dear Ms Sinclair,

 

I am writing following your Freedom on Information (FOI) request that we
received on 14 September 2018.  As noted in my acknowledgement email on 3
October 2018 and formal response on 9 October 2018, question 3 of your
request is not a valid FOI request and was therefore not answered as part
of our formal FOI response.  However, we have answered this question
below.

 

Question 3:

Please could you explain why, in spite of the fact that this consultation
would not have been conducted in the first place without my Amendments
submitted through my MSP to the 2015 Mental Health Act, there has been no
attempt to contact me directly to inform me of the initiation of this
consultation? Would this not have been the courteous thing to do?

For your information, I submitted 4 Amendments with respect to:  Fatal
Accident Inquiries; data and statistics on deaths, suicides and `adverse
events` including assaults; psychotropic drugs; and also one asking for a
Review of the Mental Health Act, to consider the removal of people with
Learning Disabilities and Autism from the provisions of the Act. This
latter Amendment was also submitted by the Learning Disability Cross Party
Group through Jackie Baillie MSP. Two years previously, I had given a
presentation to this CPG on this very issue.

Please refer to these articles for further information on these
amendments:-
[1]https://newsnet.scot/citizen/autism-and-...

[2]https://newsnet.scot/news-analysis/we-sh...

 

Answer:

The opposition amendment which brought about the review of deaths of
people being treated for mental disorder was put forward by Richard
Simpson MSP.  The Review Group was not aware of your involvement in this
and therefore could not notify you directly.  The review has been
publicised by the Scottish Government Review Group members and partner
organisations.

 

Kind regards,

Chris Lindores

 

 

Chris Lindores

Policy Officer

Law and Protection of Rights Team

Mental Health and Protection of Rights Division

[3]@lawprt

 

Scottish Government

St Andrew’s House

Regent Road

Edinburgh EH1 3DG

 

show quoted sections

 

References

Visible links
1. https://newsnet.scot/citizen/autism-and-...
2. https://newsnet.scot/news-analysis/we-sh...
3. http://www.twitter.com/lawprt

Autism Rights left an annotation ()

Not only did I submit Amendments to the 2015 Mental Health Bill on behalf of Autism Rights, but I have also made submissions to other consultations that could and should have been used by the Scottish Government to source names and contact details of people and organisations who could have contributed to or publicised more effectively the Learning From Loss consultation. The fact that the Review Group (of what? - it doesn't say) did not consider this reflects the fact that there is a massive reluctance on the part of government and its agencies to directly involve groups who are wholly independent of financial support from government, and who can therefore not be relied upon to self-censor their contributions according to the perceived agenda of the permanent government.

The most relevant consultation was conducted by the Justice Committee of the Scottish Parliament for the Inquiries into Fatal Accidents and Sudden Death etc (Scotland) Bill. This was the submission that we made:-
http://www.parliament.scot/S4_JusticeCom...
There was also a Petition to the parliament on Mental Health Legislation to which we also made submissions. We know families whose loved ones have died in the mental health system, and there were other families whose loved ones died who made submissions in support of this petition - they could have and should have been contact by the Scottish Government for the Learning from Loss consultation, or, at the very least, their submissions to this petition could have been used in the consultation. Petition PE01494: Mental Health Legislation is still available here, along with the various submissions to it:-
http://www.scottish.parliament.uk/Gettin...

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