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Learning disability census report 2008

The Mental Health (care & Treatment) (Scotland) Act 2003 imposes general duties on the Commission, to monitor and report on the operation of the Act and to promote best practice in its use.

This is the 3rd biennial census of all people with learning disabilities subject to compulsory treatment under mental health legislation in Scotland in 2008.

We hold information about all the people who are subject to compulsory treatment under mental health legislation so that we can undertake our monitoring duties. Information provided by NHS Boards about all people subject to compulsory treatment on the census date has been compared with the information we hold. Results from the 2004 and 2006 censuses allow us to look, in this paper, at whether patterns of compulsory treatment are changing under the new act, and at areas where further research is needed.

This report  looks at the following aspects of people subject to compulsory treatment:

  • age
  • gender
  • diagnosis
  • type of compulsion (i.e. civil/criminal, long/short term)
  • use of welfare guardianship/intervention powers under incapacity legislation
  • date compulsory treatment started
  • rates of compulsory treatment by NHS Board area

This year, because of the renewed debate regarding the place of learning disability within the MHA, we decided to compare in greater detail the characteristics of people on civil orders with those on orders under Criminal Procedures Scotland Act .

Download a copy of the learning disability census report 2008