Dear NHS Grampian

12 September 2013

Re Mental Health Act Scotland 1984

1. Under the 1984 Mental Health Act, what type of physical restraints in a home or public place were approved of under this Act?



2. Was prone (face down) restraint used by NHS Grampian
Psychiatric 
Teams under this Act?



3. How many separate incidents of physical restraint took

place by NHS Grampian Psychiatric Teams in the years 1999, 
2000 and 2001?



4. How many separate incidents of rapid tranquillisation have
taken
 place by NHS Grampian Psychiatric Teams in a public place or private home in the years 1999, 
2000 and 2001?



5. Under the 1984 Mental Health Act, did NHS Grampian implement the equivalent of Scottish Patient Safety Mental
 Health Programme on Restraint, Seclusion and Emergency Sedation
 Action Package in the years 1999, 
2000 and 2001?





6. If the answer to (5) is NO:
a) when, which and how were family members, guardians, and or the
 named person notified that such a method had been used?

7. Under the 1984 Mental Health Act, was there a legal requirement for NHS Grampian Psychiatric Teams to inform the proposed subject's next of kin prior to sectioning?

a) To what degree was it required that family and friends of the individual were consulted prior to sectioning?

b) In the case of a married couple, which family member/members was required to be consulted?

c) In the case of a separated married couple, which family member/members were then required to be consulted?

d) What was the legal required time period for this to be actioned?

8. Under the 1984 Mental Health Act, what was the required legal procedure needed for NHS Grampian Psychiatric Teams to implement a sectioning order, either in public or in the home?

a) Could a family member instigate a sectioning order?

b) If so, what was the legal required procedure for this to be implemented?

9. Under the 1984 Mental Health Act, what was the legal requirement for the completion of sectioning documents for Orders 24, 26, 18 and 117?
a) Under Section 117, did this need to be implemented via a warrant by a Sheriff?

b) Under Section 24, did this need to be implemented via a warrant by a Sherri?

c) Under Section 26, did this need to be implemented via a warrant by a Sheriff?

d) Under section 18, did this need to be implemented via a warrant by a Sheriff?

e) Are the police consulted for any of a, b, c, and d?

10. Are the police legally required to retain copies of sectioning orders/warrants?

a) Are the courts required to retain copies of sectioning orders/warrants?

b) What is the legal retention period?

10. Under the 1984 Mental Health Act, were such sectioning documents retained by NHS Grampian?

a) What was/is the legal required retention period?

b) Where are they retained?



11. Provide copies of all internal and external
correspondence 
relating to physical restraint and rapid
tranquillisation, whether
 paper or Internet based
 under the 1984 Act?

Yours faithfully,

John Merritt

Dear Grampian NHS Board,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Grampian NHS Board's handling of my FOI request 'Legal Requirements Under the 1984 Mental Health Act'.

[ I am very unhappy with the way you have addressed my questions. You have stated you would need a manual, I would say that the questions asked would not be difficult for you to find and therefore I request an internal review, I am thereforere requesting answers to my questions as they have not been met.]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

John Merritt

Dear Grampian NHS Board,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Grampian NHS Board's handling of my FOI request 'Legal Requirements Under the 1984 Mental Health Act'.

[ I believe that you should be able to answer all the following questions:

7. Under the 1984 Mental Health Act, was there a legal requirement for NHS Grampian Psychiatric Teams to inform the proposed subject's next of kin prior to sectioning?

a) To what degree was it required that family and friends of the individual were consulted prior to sectioning?

b) In the case of a married couple, which family member/members was required to be consulted?

c) In the case of a separated married couple, which family member/members were then required to be consulted?

d) What was the legal required time period for this to be actioned?

8. Under the 1984 Mental Health Act, what was the required legal procedure needed for NHS Grampian Psychiatric Teams to implement a sectioning order, either in public or in the home?

a) Could a family member instigate a sectioning order?

b) If so, what was the legal required procedure for this to be implemented?

9. Under the 1984 Mental Health Act, what was the legal requirement for the completion of sectioning documents for Orders 24, 26, 18 and 117?
a) Under Section 117, did this need to be implemented via a warrant by a Sheriff?

b) Under Section 24, did this need to be implemented via a warrant by a Sherriff?

c) Under Section 26, did this need to be implemented via a warrant by a Sheriff?

d) Under section 18, did this need to be implemented via a warrant by a Sheriff?

e) Are the police consulted for any of a, b, c, and d?

10. Are the police legally required to retain copies of sectioning orders/warrants?

a) Are the courts required to retain copies of sectioning orders/warrants?

b) What is the legal retention period?

10. Under the 1984 Mental Health Act, were such sectioning documents retained by NHS Grampian?

a) What was/is the legal required retention period?

b) Where are they retained?



11. Provide copies of all internal and external
correspondence 
relating to physical restraint and rapid
tranquillisation, whether
 paper or Internet based
 under the 1984 Act?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

John Merritt