ALLIANCE responds to mental health law review

Section: Policy into PracticeType: News Item Date Published: 27th May 2020
Mental Health

The Review is examining how to better protect people's human rights.

The ALLIANCE has responded to the first phase of consultation by the Scottish Mental Health Law Review led by John Scott QC.

The Review (this link will take you away from our website) aims to “improve the rights and protections of persons who may be subject to the existing provisions of mental health, incapacity or adult support and protection legislation as a consequence of having a mental disorder, and remove barriers to those caring for their health and welfare.”

It is widely recognised that people with lived experience of mental health problems do not enjoy their rights as well as they could in Scotland. The ALLIANCE has made several recommendations, including:

  • Invest more resources in community-based prevention, early intervention, and self management so that people get the right help at the right time before reaching states of distress and crisis.
  • Implement the recommendations by the independent inquiry into mental health services in Tayside, including those from people with lived experience, and explore how learning from this inquiry can be applied to other parts of Scotland where similar issues exist.
  • Ensure people with lived experience are actively involved in meaningful decision-making across all aspects of mental health, including policy/law, budgeting, service design and delivery, monitoring and oversight.
  • Undertake a thorough Equality and Human Rights Impact Assessment of future mental health legislation, regulations and guidance.
  • Further work to boost the number of good quality advance statements and ensure compliance with them.
  • Increased funding for, and access to, independent advocacy, as well as investment in other forms of supported decision-making.
  • An ongoing programme of longitudinal research to capture qualitative and quantitative data, framed within an equalities, human rights and intersectional lens.

You can access the ALLIANCE’s consultation response at the links below. You may also be interested in a recent ALLIANCE Live interview with John Scott QC.

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