Meeting of the Parliament 10 December 2015
Margaret Mitchell’s stage 2 amendment that required a mandatory FAI in relation to the death of any patient who dies while receiving treatment for a mental disorder was further amended by my amendment to remove the reference to voluntary patients. As the minister said, the bill as it now stands provides for a mandatory FAI for any patient who dies while detained under the Mental Health (Care and Treatment) (Scotland) Act 2003, and it provides an opt-out for the Lord Advocate. In effect, that flipped the previous arrangements, whereby the Lord Advocate could, if he considered it appropriate, order an FAI. I supported that move at stage 2, as the Scottish Human Rights Commission had advised that steps needed to be taken to ensure that the systems of investigation met the requirements of article 2 of the ECHR and to remedy the current gaps and confusion in the system.
15:15I hope that we can all agree that, when the state has responsibility for someone’s care and health, there should be a full and independent process to ascertain the reason for their death. Nevertheless, I acknowledge that there is disagreement over whether the FAI route is the right process, and I have further reflected on the evidence that was submitted by SAMH, the BMA, the Royal College of Psychiatrists and the Mental Welfare Commission, which all oppose the mandatory FAI approach, arguing that it is disproportionate, that it adds significantly to workload and, perhaps most compelling for me, that it risks stigmatisation and would increase the distress of bereaved families.
On balance, I have concluded that there is a more proportionate and less distressing way to proceed that involves reform of the whole system of notifications and investigation instead of focusing solely on FAIs. I will, therefore, support the Government’s amendments, which will remove the provision. However, today, when Jeremy Hunt is at Westminster saying that he is profoundly shocked by the failure to investigate the unexpected deaths of mental health patients in a particular national health service trust in England, we cannot be complacent. Therefore, in supporting the amendments, I urge the minister to lose no time in proceeding with the review that was agreed to in the Mental Health (Scotland) Act 2015, and I ask him to pay particular heed to the view of SAMH that there is a particular issue relating to suicides that happen while people are in care.