Edinburgh Napier University

  The Mental Health Tribunal for Scotland 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.

This project, which will be the first of its kind in relation to the Tribunal, will undertake a Scotland-wide four phase quantitative and qualitative study of the experience of patients, Named Persons, health and social care practitioners and Tribunal panel members. This will provide a valuable and unique understanding into whether current legislative principles and Tribunal practices operate in accordance with relevant international human rights standards and for the benefit of patients. It will identify and make evidence-based recommendations to ensure its practices evolve to meet these challenges. As other countries are being required to review their laws in accordance with developing human rights standards the findings of such research will be of interest to the Tribunal itself and to legislators, civil servants, practitioners, patients and carers in Scotland, across the rest of the UK and in other countries.

This project was funded by the Nuffield Foundation, but the views expressed are those of the authors and not necessarily those of the Foundation. More information is available at www.nuffieldfoundation.org