Hundreds of mentally ill people detained against their will

Hundreds of mentally ill people are being held against their will without rules in place to stop them from being wrongfully sectioned.

An investigation by the Sunday Herald found that over 2,000 people were made the subjects of emergency detention certificates last year under the Mental Health (Care and Treatment) (Scotland) Act 2003 but that 902 of them lacked the consent or support of a mental health officer (MHO).

In the last three years the number of people made the subject of the emergency certificate, which allows for a person to be detained in a specialist facility for up to 72 hours, has risen 12 per cent.

The number of people being detained for periods up to 28 days has increased by ten per cent in the past year.

Campaigners have pointed to the lack of MHOs handed out in detention cases in certain areas, particularly NHS Greater Glasgow and Clyde Health Board. MHO use here is among the lowest in Scotland: a mere 28 per cent of people urgently detained between April 2014 and April 2015 in the area had the approval or support of an MHO.

The latest figures indicate a slight improvement, with 33 per cent of detentions receiving MHO consent. MHOs are intended to give a second opinion in cases involving people with severe mental problems.

But because any medical professional can detain patients, campaigners are calling for MHOs to be present more often as they have specialist training others lack. Their absence increases the possibility of people being wrongfully detained.

One reason for the lack of MHO involvement is that the role does not offer a good enough salary and career prospects. At present, Scotland has 602 MHOs.

Colin McKay, chief executive of the Mental Welfare Commission (pictured), said: “Being detained, being forcibly admitted to the hospital for assessment against your will, is a huge intervention and infringement of your human rights. It needs to be taken really seriously, and it’s important that there are checks and balances in place.

“ is a difficult judgement to make in a pressurised situation and that’s why we think, if at all possible, there should be another perspective on it to really check it’s absolutely the best way to proceed.”

He added: “One of the things we are concerned about is not just overall the number of people without consent going up, in some areas it’s really bad. Glasgow is one of them, where the stats are really quite concerning.

“Part of within the local authority is how to deploy these people…Glasgow has a lot of pressures but we don’t think that entirely explains quite how bad the statistics are.”

Laura Bogucki, operations manager at Glasgow-based The Advocacy Project, which can help people detained under the act by giving support and advice, said: “MHOs are doing their very best under tight circumstances. role is essential - it’s as important as the psychiatric role.

“Part of their duty is also to think about us as a service, we’re entrenched in law for a reason and we also explain people’s rights and their right of appeal. If an MHO is overworked they may not be considering the other branches that can assist them. There is no doubt an MHO is in a very difficult position.”

A spokesman from Glasgow City Council, which has 80 MHOs, said: “There is no absolute requirement that MHOs are always present when emergency detention orders are issued by medical officers, although the presence of an MHO is considered to be the ideal.

“We do always seek to review such decisions within 24 hours to ensure that an appropriate decision has been made. We are currently working with health colleagues to study what impact this has on the care management of those taken into hospital and also where any policy improvements could be made.

“However, in our experience an emergency detention order is issued on a precautionary basis to protect the well-being of individuals affected by mental illness.”

Jamie Hepburn, Scottish government Minister for Health Improvement, said: “Mental Health Officers make an invaluable contribution towards improving the lives of mental health patients and their friends and families.

“It is the responsibility of local authorities to plan their MHO workforce, ensuring they have the appropriate levels of staff in place to provide services for their residents.

“The Scottish government has announced an additional £150 million investment in mental health services over the next five years.”