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Abstract Book - International Academy of Law and Mental Health

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The <strong>Mental</strong> <strong>Health</strong> (Care <strong>and</strong> Treatment) (Scotl<strong>and</strong>) Act (2003), introduced in October 2005,brought a fundamental change to the criterion for compulsory treatment. For the first time inUnited Kingdom mental health legislation, a capacity criterion was introduced for short-term <strong>and</strong>compulsory treatment orders. This criterion states: “that because <strong>of</strong> the mental disorder thepatient’s ability to make decisions about the provision <strong>of</strong> medical treatment is significantlyimpaired.” Significantly impaired decision-making ability (SIDMA) is not the same as“incapacity” under the Adults with Incapacity (Scotl<strong>and</strong>) Act 2000 but is a “related concept”based on similar factors, but with a lower threshold. As such, the law in Scotl<strong>and</strong> “recognisesthat patients with mental disorder may have impaired capacity which, while damaging theirability to make decisions, does not render them entirely incapable.” This was seen as being amore ethical <strong>and</strong> less discriminatory way <strong>of</strong> dealing with people with mental disorders. There isno precise threshold for SIDMA, which means that there can be different interpretations within<strong>and</strong> between different pr<strong>of</strong>essional groups, depending on the circumstances <strong>and</strong> complexity <strong>of</strong>any given assessment. It is important to underst<strong>and</strong> how different groups view this possibility<strong>and</strong> what provisions they expect to make. This presentation focuses on the findings <strong>of</strong> a studywhich assessed relevant pr<strong>of</strong>essional groups (psychiatrists, mental health <strong>of</strong>ficers) views abouthow SIDMA is being applied by pr<strong>of</strong>essionals, including potential differences between groups,the impact <strong>of</strong> the inclusion <strong>of</strong> the criterion on decisions about compulsory treatment <strong>and</strong> thesetting for treatment.The Impact <strong>of</strong> Significantly Impaired Decision-Making on HighReadmission Rates to Hospital: A Psychological PerspectiveNicola Cogan, NHS Lanarkshire, South Lanarkshire, UK (nicola.cogan@lanarkshire.scot.nhs.uk)Polash Shajahan, NHS Lanarkshire, South Lanarkshire, UK(polash.shajahan@lanarkshire.scot.nhs.uk)Julie Langan, NHS Lanarkshire, South Lanarkshire, UK (julielangan1@hotmail.com)Psychiatric hospitalization is a major life event for both patients <strong>and</strong> families <strong>and</strong> has significantsocietal costs. Readmission rates have been used to monitor success in preventing, or reducing,unplanned readmissions to hospital for acute psychiatric services. Repeated emergencyadmissions to acute in-patient psychiatric units have been variously defined <strong>and</strong> such individualshave been known as “high readmission” patients. In 2008, the Scottish Government set NHS<strong>Health</strong> Boards specific <strong>Health</strong> Efficiency Access <strong>and</strong> Treatment (HEAT) targets. Target 3 was to“reduce the number <strong>of</strong> readmissions (within one year) for those that have had a hospitaladmission <strong>of</strong> over seven days by 10%.” The Scottish Patients at Risk <strong>of</strong> Readmission <strong>and</strong>Admission (SPARRA) is a risk prediction algorithm, developed by the Information ServicesDivision (ISD) Scotl<strong>and</strong>. It aims to identify patients at greatest risk <strong>of</strong> emergency admission. TheSPARRA for mental disorders has been considered potentially useful in planning healthcareprovision <strong>and</strong> measuring the effects <strong>of</strong> service redesign. This presentation will outline data on theclinical <strong>and</strong> demographical characteristics <strong>of</strong> “high readmission” patients within a NHSLanarkshire locality. It will draw upon empirical findings on how “high readmission” patientswere significantly more likely to have Compulsory Treatment Orders under the <strong>Mental</strong> <strong>Health</strong>46

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