Appeals against detention in conditions of excessive security in Scotland

Daniel M. Bennett, Gordon Skilling, Kirsty Brown, Lindsay D. G. Thomson

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

The Mental Health (Care and Treatment)(Scotland) Act 2003 introduced the provision for patients to appeal against being treated in conditions of excessive security for the first time. In this article, we examine the first 100 patients to appeal using this new provision. We compared the clinical, demographic and legal factors of these patients depending upon the outcome of the appeal. Forty-four per cent of appeals were successful compared with 22% which were rejected. There was no difference on any clinical factors studied between these groups. The main difference between the groups was that those patients who had the support of their Responsible Medical Officer and were already on the transfer list were significantly more likely to succeed p .000. We have demonstrated that legislation is an important mechanism to drive change in any forensic mental health system such as the development of medium and low secure services in Scotland.
Original languageEnglish
Pages (from-to)386-402
Number of pages17
JournalThe Journal of Forensic Psychiatry & Psychology
Volume24
Issue number3
Early online date3 May 2013
DOIs
Publication statusPublished - 2013

Fingerprint

Scotland
Mental Health
Legislation
Demography
Delivery of Health Care
Therapeutics

Keywords

  • high security
  • excessive security
  • appeals
  • mental health legislation

Cite this

Appeals against detention in conditions of excessive security in Scotland. / Bennett, Daniel M.; Skilling, Gordon; Brown, Kirsty; Thomson, Lindsay D. G.

In: The Journal of Forensic Psychiatry & Psychology, Vol. 24, No. 3, 2013, p. 386-402.

Research output: Contribution to journalArticle

Bennett, Daniel M. ; Skilling, Gordon ; Brown, Kirsty ; Thomson, Lindsay D. G. / Appeals against detention in conditions of excessive security in Scotland. In: The Journal of Forensic Psychiatry & Psychology. 2013 ; Vol. 24, No. 3. pp. 386-402.
@article{ca6b0c5ff44e4a69ac4097f39cb039e5,
title = "Appeals against detention in conditions of excessive security in Scotland",
abstract = "The Mental Health (Care and Treatment)(Scotland) Act 2003 introduced the provision for patients to appeal against being treated in conditions of excessive security for the first time. In this article, we examine the first 100 patients to appeal using this new provision. We compared the clinical, demographic and legal factors of these patients depending upon the outcome of the appeal. Forty-four per cent of appeals were successful compared with 22{\%} which were rejected. There was no difference on any clinical factors studied between these groups. The main difference between the groups was that those patients who had the support of their Responsible Medical Officer and were already on the transfer list were significantly more likely to succeed p .000. We have demonstrated that legislation is an important mechanism to drive change in any forensic mental health system such as the development of medium and low secure services in Scotland.",
keywords = "high security, excessive security, appeals, mental health legislation",
author = "Bennett, {Daniel M.} and Gordon Skilling and Kirsty Brown and Thomson, {Lindsay D. G.}",
year = "2013",
doi = "10.1080/14789949.2013.795240",
language = "English",
volume = "24",
pages = "386--402",
journal = "The Journal of Forensic Psychiatry & Psychology",
issn = "1478-9949",
publisher = "Routledge",
number = "3",

}

TY - JOUR

T1 - Appeals against detention in conditions of excessive security in Scotland

AU - Bennett, Daniel M.

AU - Skilling, Gordon

AU - Brown, Kirsty

AU - Thomson, Lindsay D. G.

PY - 2013

Y1 - 2013

N2 - The Mental Health (Care and Treatment)(Scotland) Act 2003 introduced the provision for patients to appeal against being treated in conditions of excessive security for the first time. In this article, we examine the first 100 patients to appeal using this new provision. We compared the clinical, demographic and legal factors of these patients depending upon the outcome of the appeal. Forty-four per cent of appeals were successful compared with 22% which were rejected. There was no difference on any clinical factors studied between these groups. The main difference between the groups was that those patients who had the support of their Responsible Medical Officer and were already on the transfer list were significantly more likely to succeed p .000. We have demonstrated that legislation is an important mechanism to drive change in any forensic mental health system such as the development of medium and low secure services in Scotland.

AB - The Mental Health (Care and Treatment)(Scotland) Act 2003 introduced the provision for patients to appeal against being treated in conditions of excessive security for the first time. In this article, we examine the first 100 patients to appeal using this new provision. We compared the clinical, demographic and legal factors of these patients depending upon the outcome of the appeal. Forty-four per cent of appeals were successful compared with 22% which were rejected. There was no difference on any clinical factors studied between these groups. The main difference between the groups was that those patients who had the support of their Responsible Medical Officer and were already on the transfer list were significantly more likely to succeed p .000. We have demonstrated that legislation is an important mechanism to drive change in any forensic mental health system such as the development of medium and low secure services in Scotland.

KW - high security

KW - excessive security

KW - appeals

KW - mental health legislation

U2 - 10.1080/14789949.2013.795240

DO - 10.1080/14789949.2013.795240

M3 - Article

VL - 24

SP - 386

EP - 402

JO - The Journal of Forensic Psychiatry & Psychology

JF - The Journal of Forensic Psychiatry & Psychology

SN - 1478-9949

IS - 3

ER -