Chamber and committees

The Care Commission and the Mental Welfare Commission are working in partnership to examine the issue of chemical restraint and consent in the administration of medicines in care homes for older people. The joint working will include consideration of the use of sedative and antipsychotic medication as a form of restraint, procedures for certifying adults with incapacity and arrangements for securing consent. It is expected that focused inspections of around 30 care homes will be undertaken later this year and the organisations hope to publish their findings in early 2009.

The UK Health and Social Care Bill proposes to include the provision of certain care home services purchased by a local authority from an independent care home provider within the definition of a function of a public nature for the purposes of the Human Rights Act 1998. The application of the Human Rights Act is a reserved matter and the proposal would extend to the United Kingdom.

The revised Code of Practice on Part 5 of the Adults with Incapacity (Scotland) Act 2000, published on 11 March 2008, notes that the use of covert medication is permissible only in certain limited circumstances, for example to safeguard the health of an adult who is unable to consent to the treatment in question and where other alternatives have been explored and none are practicable. The revised code of practice can be accessed at:

http://www.sehd.scot.nhs.uk/mels/CEL2008_11.pdf.

The code of practice refers practitioners considering the use of covert medication to guidance documents prepared by the Mental Welfare Commission for Scotland (MWC): Consent to Treatment (2006) and Covert Medication – a Legal and Practice Guide (2006). Both documents are available on the MWC’s website at http://www.mwcscot.org.uk/GoodPractice/GoodPracticeintro.asp.

The European Convention on Human Rights was incorporated into domestic law by the Human Rights Act 1998. It is open to an individual who believes that his or her rights under the convention have been breached by a public authority to bring an action against that authority in the Scottish courts.

The Care Commission and the MWC are working together to examine the issue of chemical restraint and consent in the administration of medicines in care homes for older people, including a series of focused inspections of care homes to be undertaken later this year. We will consider the findings when the organisations report.

I refer the member to the answer to question S3W-14097 on 19 June 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Compliance by local authorities with the European Convention on Human Rights is a matter for authorities themselves as independent corporate bodies. The European Convention on Human Rights was incorporated into domestic law by the Human Rights Act 1998. It would therefore be open to an individual who believes that his or her rights under the convention have been breached by a public authority to bring an action against that authority in the Scottish courts.

There is a statutory requirement for Scottish ministers to keep the National Care Standards under review and to publish amended standards whenever they consider it necessary to do so. Should a review of the standards result in amendments being proposed we would consult all interested parties including the Equality and Human Rights Commission.

As you will be aware, it is not the practice of Scottish ministers to publish legal advice. This is for reasons of confidentiality and in the interests of good and effective governance.

Chief constables are solely responsible for operational matters within their police force. This includes investigating and establishing misconduct and taking disciplinary proceedings where necessary. Detailed rules for handling cases of misconduct or inefficiency are set out in the Police (Conduct) (Scotland) Regulations 1996 and the Police (Efficiency) (Scotland) Regulations 1996. Similar regulations apply to senior officer ranks. HM Inspectorate of Constabulary has no locus in police officer misconduct proceedings.

The Student Awards Agency for Scotland (SAAS) will advise that students undertaking the four year accelerated dentistry course at University of Aberdeen will be eligible to have their tuition fees paid in full.

In addition, eligible students will be able to access living cost loans and other supplementary grants, such as travel expenses, disabled students allowance and child care.

Students applying for places at the new Aberdeen Dental School will be provided with information on the forms of financial assistance available as the application process develops in the same way as other students.