Under consideration PE2108: Obtain a second medical opinion before detainment under the Mental Health (Care and Treatment) (Scotland) Act 2003

Background information

Under the above Act, a person can be detained and treated for 28 days under a Short-Term Detention Certificate based on the medical opinion of a single psychiatrist. Two signatures should be required on the certificate before detention.

In the English version of the Mental Health Act, it requires two medical opinions before someone can be treated against their will.

The first phase of the introduction of Martha’s Rule will be implemented in the NHS in England and Wales from April 2024. Once fully implemented, patients, families, carers and staff will have round-the-clock access to a rapid review from a separate care team if they are worried about a person’s condition.

Currently a person’s treatment can be reviewed by a Mental Health Tribunal after 28 days or by a Designated Medical Practitioner after 2 months. However, these opinions occur after a person has commenced medication and may already have gone through a personality change or suffered restraint and do not get a true picture of a person’s state of mind.