John Scott QC gives an update on a review of mental health law in Scotland

The Independent Scottish Mental Health Law Review has launched a consultation seeking people’s views and experiences of current mental health laws in this country.

The review is taking a human rights based approach, as defined by the Scottish Human Rights Commission, and this means that it will consider how to improve the rights and protections of those who may be affected by the Mental Health Act, the Adults With Incapacity Act or Adult Support & Protection Act.

In order to meet that approach the review will be run in three stages which will be informed by the evidence it gathers.

In this first stage the review wants to hear from;

- Anyone, or someone you support, who has had a mental disorder and, because of that mental disorder, has had experience of the Mental Health Act, the Adults With Incapacity Act or Adult Support & Protection Act

- Anyone, or someone you support, who has had care and support provided at home, or in a care home setting or somewhere else in the community, because of their mental health

- Anyone working in an area that uses any of these laws in their job

- Organisations who represent and/or support people who may have had experience of the Mental Health Act, the Adults With Incapacity Act or Adult Support & Protection Act because of a mental disorder

As chair of this independent review, I am keen to ensure that the voices of those who have experienced mental health legislation are heard. This consultation is the first step in gathering as broad a range of views and experiences as possible so that the review can fully capture how people feel they have been treated and help me develop recommendations for change.

I hope as many as people as possible are able to respond to this consultation in a way which suits them.

The review will consider all responses before publishing and presenting an interim report to Scottish Ministers in May 2020 which will identify priorities and an overall timeline for the next stage of the review, based on the evidence it has gathered.

The consultation is open from Monday 3 February 2020 until Friday 24 April 2020. Contributions to the consultation can be made online. If you need help to make your views known you can contact the review secretariat.

John Scott QC is chair of the review of mental health legislation in Scotland