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Principles of the New Act

 

The expectation is that everyone involved in mental health practice should be aware of the 10 Millan Principles which underpin the Act .  Practitioners must “have regard to them” whenever they “discharge a function by virtue of the Act”,  therefore anything done without regard to the principles could be open to legal challenge and potentially deemed unlawful (Scottish Executive 2004).

The 10 principles are:

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

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 or ethnic or social origin.

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

Reciprocity - Where an obligation is imposed on an individual to comply with a programme of treatment of 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. 

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

Participation - Service users should be fully involved, so far 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. They should be provided with all the information and support necessary to enable them to participate fully.

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

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

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

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

 Translating Principles Into Practice

The main aim of the principles is to ensure that service users and carers are treated with Respect and that anybody carrying out duties or providing treatment under the Act e.g doctors, nurses social workers etc must follow the principles set out above taking into account the following :

  • The past & present wishes about the service users care & treatment,  giving information and helping as much as possible to ensure full participation
  • The views of the service users named person, carers, guardian or welfare attorney if the service user has one
  • The range of options available for the service users care & treatment
  • What will ensure maximum benefit for the service user
  • Making sure the service user is not treated less favourably because they are being treated under the Act
  • Must take into account the service users individual abilities and background and other factors such as age, gender, sexual orientation ,,religion , racial origin or membership of any ethnic group
  • Any restrictions on the service users freedom should be for the minimum necessary in the circumstances
  • Where it is reasonable and practical your carers’ needs should be taken into account and your carers should receive information that might help them to care for you
  • The services offered must be appropriate to the service users needs. Where the service user stops being treated under the Act you should continue to receive care and treatment for as long as necessary
  • If the service user is a child or young person under 18 their welfare needs must be met