³ÉÈË¿ìÊÖ

I refer the member to the answer to question S5W-11664 on
1 November 2017. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at .

Training places for social care are not centrally controlled. Demand for places is assessed through colleges working in partnership with employers to meet the needs of local labour markets.

Health and Safety is a reserved matter under the terms of the Scotland Act (1998). The duty holders in NHSScotland under the Health and Safety at Work etc. Act 1974 (HSWA) and relevant regulations, are NHS Boards, as they are separate legal entities to the Scottish Government. Individual NHS Boards are responsible for Health and Safety within their own areas.

Through Healthcare Improvement Scotland and NHS Boards the Scottish Government and its officials ensure that the HSAW act is adhered to. In addition, the Health and Safety Executive (HSE) can and does enforce health and safety legislation within NHS Boards in accordance with its policy on patient safety.

HSE’s role in patient health and safety is explained in the Letter of Understanding between Health and Safety Executive and Healthcare Improvement Scotland and is available at

Reducing Healthcare Associated Infections (HCAI) is a key priority for the Scottish Government. Health Protection Scotland provide the Scottish Government with quarterly and annual reports, which are used to measure the progress in tackling HCAI across NHSScotland. The information also highlights areas of good practice, which is shared across all Health Boards to ensure they continue to drive forward improvements in this area.

Information on the number of Managed Access Schemes for drugs in each year since 1999 is not held centrally by the Scottish Government.

A recommendation contained within Dr Montgomery’s Review of Access to New Medicines was to explore Managed Access Schemes. We are working with stakeholders to take this work forward, in consideration of the interdependencies with implementation of a conditional acceptance provision.

The Best Start recommends that "NHSBoards should redesign maternity services with a focus on local care, built around the concept of multidisciplinary community hubs, with the majority of women being offered routine care and services through these hubs." This is in line with the national strategic direction to deliver multidisciplinary patient centred care as outlined in the National Clinical Strategy and Realistic Medicine. Scottish Government will work with NHS Boards locally to implement the recommendation from the Best Start however it is for NHS Boards to determine where the hubs are located, what services are provided within these hubs and how these are managed to ensure that they offer safe, high quality services to all pregnant women. We expect boards to involve staff and patients in these discussions.

I refer the member to the answer to question S5W-11345 on
27 September 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at

Scottish mental health and incapacity legislation is based on rights and principles. We believe that the 2003 Act is fully compliant with the European Convention on Human Rights (ECHR). The 2003 Act has never been found, in part or in whole, by the European Court of Human Rights to be not compliant with ECHR

The most recent reform of mental health legislation was through the Mental Health (Scotland) Act 2015, which was passed by the Scottish Parliament last year. The 2015 Act strengthened measures in the Mental Health (Care and Treatment) (Scotland) Act 2003 that promotes support for decision making, including those for independent advocacy, advance statements and named persons.

I refer the member to the answer to question S5W-11345 on
27 September 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at

Scottish mental health and incapacity legislation is based on rights and principles. Our legislation is compliant with the European Convention on Human Rights and has never been found, in part or in whole, by the European Court of Human Rights to be incompatible with the Convention.

Most people who use mental health services receive treatment without being subject to an order or certificate under mental health legislation For some individuals however, compulsory treatment is used to provide the person with medical treatment to alleviate suffering and for the protection of both the person and others. Compulsory treatment is only allowed under mental health legislation in Scotland in very strict circumstances.

Certain criteria must be met before an order or certificate can be granted. For a
28 day short-term detention certificate (STDC), this includes that an approved medical practitioner considers it likely that the patient has a mental disorder (as defined by the Mental Health (Care and Treatment) (Scotland) Act 2003) and that the patient’s decision making ability is significantly impaired by their disorder and without treatment the patient could be of significant risk to their own health, safety and welfare, or to the safety of others, and that detention in hospital is necessary. Note that a patient can apply to the independent Mental Health Tribunal for the measure which authorises his or her detention in hospital to be revoked or varied.

While detained in hospital, patients may have capacity to consent to treatment and the 2003 Act sets out safeguards around obtaining consent and the strict procedures around giving treatment where consent is not given or is refused. Treatment authorised by the 2003 Act, or the Criminal Procedure (Scotland) Act 1995 may only be given in accordance with the range of safeguards set out in part 16 of the 2003 Act.

Public authorities, including NHS boards, are required by the Human Rights Act 1998 to act in a way that is compatible with the European Convention on Human Rights and will need to satisfy themselves that they do so, taking into account any relevant judgements of the ECHR.

The Mental Health (Care and Treatment) (Scotland) Act 2003 requires orders such as short-term detention certificates to be kept under review and revoked or varied as appropriate. Where a patient or named person does not think the requisite conditions for a short-term detention certificate have been met, it is open to them to appeal the decision to the Mental Health Tribunal. The Tribunal shall revoke the certificate if not satisfied that the requisite conditions have been met.

An approved medical practitioner can revoke a short-term detention certificate at any point during the maximum 28 day period if detention criteria are no longer met, this will include situations where they originally believed that the conditions had been met.

Mental health law in Scotland is based on rights and principles and offers patients significant safeguards where compulsory treatment is necessary. Safeguards include a right to independent advocacy and an efficient and independent Mental Health Tribunal which grants and reviews orders for compulsory treatment.

Scottish mental health and incapacity legislation is based on rights and principles. Our legislation is compliant with the European Convention on Human Rights and has never been found, in part or in whole, by the European Court of Human Rights to be incompatible with the Convention.

Public authorities, including NHS boards, are required by the Human Rights Act 1998 to act in a way that is compatible with the European Convention on Human Rights and will need to satisfy themselves that they do so, taking into account any relevant judgements of the ECHR.

Scottish mental health and incapacity legislation sets clear safeguards which apply to ensure that any treatment given to patients subject to compulsory measures is compatible with Convention rights.