Mental Health Tribunal Research Project
Research type
Research Study
Full title
The Mental Health Tribunal for Scotland: The Views and Experiences of Patients, Named Persons, Practitioners and Tribunal Members
IRAS ID
259058
Contact name
Jill Stavert
Contact email
Sponsor organisation
Edinburgh Napier University
Duration of Study in the UK
1 years, 0 months, 1 days
Research summary
The Mental Health Tribunal for Scotland (the Tribunal) became operational in 2005. It plays an integral role in guaranteeing the rights of patients with mental disorder as originally identified in the Millan Principles that underpin mental health legislation in Scotland and in relevant human rights standards. Sufficient data is now available to undertake a comprehensive review and evaluation of how effectively the Tribunal already performs, and will continue to perform, this role. This is particularly important in light of ongoing developments relating to international human rights standards and potential changes to the Tribunal’s structure and remit.
The aim of the research is to investigate the views and experiences of patients, Named Persons, practitioners and Tribunal members of the Tribunal’s processes and the outcomes achieved. The study questions are:
1. What is the profile and scope of the applications and work undertaken by the Tribunal?
2. To what extent does the Tribunal currently give effect to the principles which underpin the operation of the Mental Health (Care and Treatment)(Scotland) Act 2003 (the 2003 Act)?
3. To what extent does the Tribunal currently give effect to international human rights standards?
4. Are changes required to (1) the legislative principles; and (2) Tribunal practices and procedures to ensure that international human rights standards are observed for the benefit of Tribunal users?Data on the views of the Tribunal's processes and outcomes is being collected through individual interviews with patients and Named Persons and through focus groups involving Tribunal members and professionals. Recruitment of patients has primarily been through the Tribunal. REC review is not required for this. However, it has also been decided to offer patients the opportunity to be interviewed where they are recruited to a concurrent study at the Royal Edinburgh Hospital led by Dr Andrew Lawton at the Royal Edinburgh Hospital and Dr Arun Chopra at the Mental Welfare Commission for Scotland (and formerly of the Royal Edinburgh Hospital)REC review is therefore being sought for this.
REC name
South East Scotland REC 01
REC reference
20/SS/0040
Date of REC Opinion
6 Apr 2020
REC opinion
Favourable Opinion