To ask the Scottish Executive how it will ensure that people caring for older people in care homes are made aware of section 1 of the Adults with Incapacity (Scotland) Act 2000 with regard to the administration of antipsychotic drugs.
Anyone authorised to make decisions on behalf of an adult with impaired capacity under the Adults with Incapacity (Scotland) Act 2000, as amended, must take account of the views of others with an interest in the person''s welfare. The act lists those who should be consulted whenever practicable and reasonable. It includes the person''s primary carer, nearest relative, named person, attorney or guardian (when in place).
This principle is set out in the revised Code of Practice for part 5 of the act (which deals with medical treatment and research). The code was first issued in March 2008, and again (to NHS Scotland, its affiliates and care homes) in September this year, following the publication of the joint report by the Care Commission and Mental Welfare Commission, Remember, I''m still me, on the quality of care for people with dementia living in care homes in Scotland.
The report highlighted the inappropriate use of medication, amongst other serious failings, in caring for older people with dementia. From this, we are developing a dementia strategy, to be published in April 2010, to ensure that the required improvements in dementia care are identified and addressed in a comprehensive way for the first time.
Dementia is a priority for the Scottish Government. In taking forward the strategy, the use of medication and its management, including the use of antipsychotic medication, is one of the issues being addressed. Through time, the strategy will make a real difference not just to those with dementia, but also to their carers and families.
Health Rights Information Scotland has recently published Caring and Consent which can be accessed at http://www.hris.org.uk/index.aspx?o=5099. This sets out, in plain English, carers'' rights to be involved in decisions about the healthcare of the adult they care for, including those who lack capacity.