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The introduction of the Scottish Mental Health (Care and Treatment) Act 2003 has been put back six months because of fears that services would not be ready in time.

The Scottish executive said the decision had been made after listening to stakeholders’ concerns.

It is believed that there were particular difficulties with recruiting mental health tribunal panel members and client advocates.

The decision to delay the act from April to October 2005, while generally supported by mental health groups, has raised concerns that mental health officers could be left grappling with two systems.

Christina Naismith, chair of the mental health group at the Association of Directors of Social Work, said mental health officers had already started to be trained for the act’s provisions and would now have to be retrained in existing regulations too.

“Training has started across the country and authorities will have to adapt to this. People can’t keep two acts in their heads,” she added.

Naismith said that some areas had not recruited enough tribunal panellists. As a result too much pressure would have been placed on those tribunals that were up and running.

She said that while significant progress had been made they did not want to be in a position where the new system might fail. “The delay will allow people to come at it in a more measured way rather than running things at top speed.”

Each tribunal will be chaired by a legal professional and have a doctor and  someone from the care sector, which could include a service user or carer. At least one tribunal will sit in each local authority, with more in major cities. They will make decisions on compulsory detention  and on support and care packages.

Donald Lyons, director of the Mental Welfare Commission, said more consistency was needed in the way tribunals were going to work.

“I don’t think they are fit for purpose yet and if by taking another six months it means they will be running consistently then that will have a lot of support.”