The Scottish Review of Mental Health Law, led by by John Scott KC, has taken more than three years to put together.

Date posted

30 September 2022

14:00

Two Edinburgh Napier University academics have contributed to the first major review of Scottish mental health law in 20 years.

The Scottish Review of Mental Health Law, led by John Scott KC, has been published today following more than three years of work to put it together.

Professor Colin McKay (above) and Professor Jill Stavert (below) are both on the Review’s executive team, having carried out extensive research in the subject.

The Review, which aimed to improve the rights and protections of those subject to mental health, incapacity or adult support and protection law because of a mental disorder, heard directly from many voices of lived experience, as well as practitioners and relevant organisations.Professor Colin McKay

It has made more than 200 recommendations to improve current legislation, including strengthening the voice of people who use services and their carers, reducing the need for coercion and giving effect to all people’s rights.

The Review follows a recent ENU-led report into the Mental Health Tribunal for Scotland published at the start of this month, which looked into compulsory psychiatric measures under the 2003 Mental Health (Care and Treatment) (Scotland) Act.

The Chair of the Review, John Scott KC said: “Our recommendations will bring Scotland in line with thinking and practice internationally as assessed against developing human rights standards, like the United Nations Convention on the Rights of Persons with Disabilities.

“It will take some time to fully implement our recommendations. We have therefore separated them into short, medium and long term.Professor Jill Stavert

“There are excellent practitioners and good practice in some areas already. This can be expanded. Addressing stigma and culture change can also begin at once.

“Some recommendations will depend on greater resources and an increase in the number of mental health practitioners. Co-ordination will be required within government to address some areas that cut across different departments.

“This will not be easy but is consistent with the developing picture in Scotland of human rights for everyone which should be clarified in the Scottish Government’s forthcoming Human Rights Bill.”