Mental Health and Capacity Reform Programme must be implemented without delay
The Scottish Government’s Mental Health and Capacity Reform delivery plan is an important step in the implementation of much needed modernisation of the law in this area, according to the Law Society of Scotland.
In June 2023, the Law Society welcomed the Scottish Government’s response to the Scottish Mental Health Law Review (SMHLR) and its commitment to establishing a Mental Health and Capacity Reform Programme, but stressed the importance of avoiding further delays to implementation.
Lynda Towers, Convener of the Law Society of Scotland’s Mental Health and Disability Committee, said: “We have been calling for comprehensive modernisation of the law relating to mental health and capacity for many years and welcome the Scottish Government’s Mental Health and Capacity Reform delivery plan as an important step towards reform.
“We are pleased to see that the plan takes a holistic approach and seeks to bring Scotland into line with human rights developments and wider Scottish Government commitments to incorporating a range of economic, social and cultural rights into domestic law in Scotland.
“We have previously identified unlawful deprivations of liberty as an issue which urgently needs to be addressed and particularly welcome the initial focus on the law relating to adults with incapacity.
“With respect to the plan’s commitment to consider possible options for legislative change by summer 2024, Scottish Government consulted on Adults with Incapacity as far back as 2016 and the Scottish Law Commission’s Report on Adults with Incapacity was published in 2014. We look forward therefore to the plan’s commitment to consider possible options for legislative change by summer 2024 and sight of those options for consideration and comment very soon.
“An essential component of a fair and democratic society is a justice system which seeks to respect and protect the rights of its most vulnerable individuals and it is imperative that legislation to address these urgent and widespread issues is introduced as soon as possible.”
Advance choices and medical decision making
Deficiencies in Scots law around advance choices, and medical decision-making in intensive care situations, put human rights in jeopardy, according to a Law Society of Scotland report.
Reform must ensure that law does not discriminate against people who do not have a diagnosed mental illness
The Law Society of Scotland has called for legal reforms to ensure that the law does not discriminate against people who do not have a diagnosed mental illness.
Scottish Government must address unregulated deprivations of liberty
The Scottish Government’s continued failure to ensure deprivations of liberty are appropriately regulated must be addressed as a matter of priority, according to the Law Society of Scotland.
Additional
