The Mental Health Act in Scotland is currently under review, and the Commission has just published its response to the Independent Review of Scottish Mental Health Law consultation.
‘A great opportunity; a chance to re-frame Scotland’s legislation in such a way that the human rights of people with serious mental illness are clearly at the centre.’
The Commission has a statutory duty to monitor the use of the Act and a duty to provide advice on the use of the Act. Their response is informed by the Commission’s own experience of meeting those duties and responsibilities. It is also informed by people with lived experience and relatives/carers who have shared their experiences with the Commission.
Key points
Some of the key points from the Commission’s response to the consultation include:
- Scotland’s health and social care systems are substantially different from those that were in place in 2003 when the current Mental Health Act was passed by parliament. The new Act needs to take account of these changes.
- People are more likely to be treated in the community, rather than in hospital, and the resources, support and care available in the community should be reviewed. We raise specific points in our response for those who are detained under the Act and also for those who are not detained but may need specific care such as children and young people, people with a diagnosis of personality disorder and perinatal mental health services.
- The current Act is clear about professionals’ roles, and detained patients’ rights; it provides safeguards and guidelines. However it does not work for everyone who has mental health issues but who is not subject to the law; those people do not have the protections the Act offers.
- Resources are scarce, the lack of community support often leaves families trying to support the individual with limited knowledge and resources of their own.
The full Commision response to the consultation can be read here. Or listen to a 4 minute audio summary by medical director of the Mental Welfare Commission, Dr Arun Chopra here.
