Service users’ and carers’ views of the Named Person provisions under the Mental Health (Care and Treatment) (Scotland) Act 2003

Abstract

Background: The Mental Health (Care and Treatment) (Scotland) Act 2003 removed the role of the Nearest Relative and allowed service users to nominate instead a Named Person. Service users’ and carers’ perceptions of, and experiences with the new legislation were unknown.

Aim: To identify whom service users had nominated; important factors in making a nomination; and carers’ perspectives of the provisions.

Method: Twenty service users and ten carers were interviewed to explore experiences with the Named Person provisions. Data were analysed using Thematic Analysis.

Results: Service users often did not wish to nominate their Nearest Relative, many nominating a friend. Important factors in making a nomination were that the nominee knew the service user's wishes and could be trusted to carry them out. Service users may also choose not to nominate relatives to spare them responsibility.

Conclusions: Service users’ relationships with Nearest Relatives may be problematic. Scottish service users should be supported in making a nomination prior to becoming subject to the Act. In the rest of the UK, relations between service users and their Nearest Relatives must be considered and service users supported to displace their Nearest Relative if necessary.

Keywords:

• Nearest Relative
• Named Person
• service user
• carer
• legislation