Scottish mental health law review: our response

A response to the independent review of mental health, capacity and adult support and protection legislation, chaired by Lord John Scott KC.

Proposed Programme Scope

The proposed scope of the Programme is as follows:

  • Enhancing rights protections broadly for people who are experiencing mental illness and adults who lack capacity.
  • A focus on reforming mental health and capacity law to better respect and uphold rights for people with a learning disability and autistic people.
  • A focus on children and young people as well as older adults, and people within the forensic system.
  • A focus on those at highest risks of marginalisation and exclusion including minority ethnic communities; women and girls, LGBT+ communities.

Taking the Review as a starting point for reform, we will:

1. Improve rights protections within mental health and capacity law to better align with international human rights standards.

2. Help to further embed a human rights culture across our policies and wider practices.

3. Ensure that there are clear legal safeguards and strong systems of accountability.



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