Questions and answers

Question reference: S5W-11988

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 October 2017
Current Status: Answered by Maureen Watt on 26 October 2017

To ask the Scottish Government what action can be taken if an approved medical practitioner grants a short-term detention certificate after erroneously considering that the requisite conditions to do so have been met.

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.

Question reference: S5W-11984

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 October 2017
Current Status: Answered by Maureen Watt on 26 October 2017

To ask the Scottish Government what its response is to concerns that proper enquiries are not always made prior to a mental health officer consenting to the grant of a short-term detention certificate by an approved medical practitioner.

A short-term detention certificate (STDC) should be the usual route into hospital for someone who needs compulsory treatment. The STDC offers several safeguards for the person. Before granting the certificate, the doctor must consult a mental health officer (MHO) and get her or his agreement. In deciding whether to agree to the certificate, the MHO should speak to the patient in person, unless there is a good reason why they cannot do this. Where possible, the doctor should also consult the patient’s named person, and most recent data shows that named persons are consulted in around half of cases where an STDC is made.

Once an STDC is granted, it can be revoked at any time by the patient’s responsible medical officer if they think it is no longer needed. The patient or the patient’s named person can appeal to the Mental Health Tribunal to have the STDC revoked. Additionally, the patient has a right to support from an independent advocate.

It is the responsibility of local authorities to plan their Mental Health Officer (MHO) workforce, ensuring they have the appropriate levels of staff in place to provide services for their residents. The Scottish Government recognises the invaluable contribution made by this workforce to improving the lives of mental health patients and their friends and families.

Question reference: S5W-11983

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 October 2017
Current Status: Answered by Maureen Watt on 26 October 2017

To ask the Scottish Government what its position is on whether compulsory mental health treatment can begin prior to the facts concerning the patient being established, and whether it considers that doing so would be consistent with the legislation, which suggests that such treatment should only be allowed in very strict circumstances.

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.

For example, a short-term detention certificate (STDC) should be the usual route into hospital for someone who needs compulsory treatment. The STDC offers several safeguards for the person. Before granting the certificate, the doctor must consult a mental health officer (MHO) and get her or his agreement. In deciding whether to agree to the certificate, the MHO should speak to the patient in person, unless there is a good reason why they cannot do this.

The patient or the patient’s named person can appeal to the Mental Health Tribunal to have the STDC revoked. Additionally, the patient has a right to support from an independent advocate. The independent body, the Mental Welfare Commission for Scotland monitors the use of Scottish mental health law, including compulsory treatment. The Commission also has the power to intervene in particular cases if there is evidence of improper care, treatment or practices.

Question reference: S5O-01375

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 October 2017
Current Status: Taken in the Chamber on 2 November 2017

To ask the Scottish Government what action it is taking to reduce waiting times for orthopaedic treatment.

Question reference: S5W-11670

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government how many times consultant interview panels have not met due to there being no applications for posts in each year since 1999, broken down by NHS board.

The requested information is not held centrally. Consultant assessment panels are convened pursuant to the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009; the process is overseen by the Royal Colleges on behalf of the Scottish Government. Relevant information on the number of panels convened and cancelled in any given year is published in annual reports that are accessible via the Scottish Academy website:

http://www.scottishacademy.org.uk/who.php.

Question reference: S5W-11666

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government how many receptionists in each NHS board have been trained in phlebotomy (drawing blood and taking blood samples) in each year since 2007

Question reference: S5W-11659

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government how many calls were made to the NHS whistleblower phone line in 2016-17, broken down by the NHS board area that the issue referred to.

From 1 January 2016 to 1 January 2017, the latest date to which figures are published, a total of 53 calls were made to the Whistleblowing Alert and Advice Lines Services (formerly the NHSScotland Confidential Alert Line). This figure comprises 40 public interest cases (whistleblowing) and 13 private cases (contractual).

Due to the independent and confidential nature of the service, the Scottish Government does not hold a breakdown of the total number of cases by NHS Board. Of the public interest cases, where individuals identify the Board they work for, the Board is advised directly in a format which cannot compromise the identity of the member of staff. This is done on a 6 monthly basis.

Figures are provided in 6 monthly periods then published online at the following link. Please note that the figures until 31 July 2017 will be published shortly.

Whistleblowing Alert and Advice Services

Question reference: S5W-11675

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government how many secretaries have been appointed to support surgeons in each year since 1999, broken down by NHS board.

The information requested is not held centrally at this level of detail. Specific local Information may be available from individual NHS Boards.

Information on Administrative Services staff (including support to Clinical staff), broken down by NHS Board, is published by ISD Scotland and is available at the following link:-

https://www.isdscotland.org/Health-Topics/Workforce/Publications/2017-09-05/All_Other_Staff_J2017.xls

Question reference: S5W-11658

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government when the first meeting of the working group examining the implementation of free personal care for people under 65 (Frank’s law) will take place.

Question reference: S5W-11676

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 29 September 2017
Current Status: Answered by Shona Robison on 25 October 2017

To ask the Scottish Government how many times in each year since 1999 has money set aside for the NHS budget been diverted to its other departments or agencies, broken down by (a) the department or agency that received this and (b) reason.

All funding for NHS Boards as set out in the budget agreed by the Scottish Parliament is allocated to NHS Boards accordingly.

Since the integration of health and social care, the Scottish Government has directed that an element of funding within the settlement for NHS Boards is invested in Integration Authorities. This has taken additional support available for Health and Social Care Integration to almost half a billion in 2017-18, and goes towards delivering the Scottish Government’s commitment on the living wage for adult social care workers.

Details of funding allocations since 2004-05 is available on the Scottish Government’s website at the following address: http://www.gov.scot/Topics/Government/Finance/18127/Documents

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