Media Release 28 June 2023
Scottish Government’s response to the Scottish Mental Health Law Review given cautious welcome
The Centre for Mental Health Practice Policy and Law Research at Edinburgh Napier University welcomed the publication yesterday of the Scottish Government’s response to the Scottish Mental Health Law Review led by Lord Scott KC.
Two members of the Centre, Professors Jill Stavert and Colin McKay, were on the Executive team of the Review.
Professor McKay said: "We are delighted that the Government has committed to a wide-ranging Mental Health and Capacity Reform Programme. This has the potential to make a huge difference to the lives of people who experience mental illness or have learning disabilities, by making sure they get the support they need and giving them more say in their own lives. It should also greatly reduce the need for coercion and restrictive practices, which was a major concern of the Review."
Professor Stavert said: "Our mental health and capacity law was world leading when introduced over 20 years ago, but now needs urgent and wide-ranging reform. We welcome the Government’s endorsement of the human rights-based approach of the Scott Review. The full programme of reform will take time, but it will be important that there is early progress on initial priorities, including updating the Adults with Incapacity (Scotland) Act and reducing the use of practices such as restraint and seclusion. We look forward to contributing to this ongoing work."
ENDS
Notes for editors
The Scottish Mental Health Law Review published its final report in September 2022. The Government has today (28 June 2023) issued its initial response to the Review.
The Review made over 200 recommendations for reforms to the law (the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000). The recommendations centred around three main themes:
• Strengthening the voice of people who use services and those who care for them.
• Reducing the need for coercion in the mental health system
• Securing rights to the help and support needed to live a good life.
About Edinburgh Napier University
We are the #1 modern university in Scotland (Times Higher Education World University Rankings 2023), the #1 university in Edinburgh for student satisfaction (NSS 2020, 2021 & 2022), a top 10 UK modern university (Times/Sunday Times Good University Guide 2023), and the top Scottish modern university for research power and impact (Research Excellence Framework 2021).
We pride ourselves on being the home of difference makers—an enterprising and innovative community, renowned internationally, with an unrivalled student learning experience. With more than 300 undergraduate and postgraduate courses and nearly 20,000 students from over 140 countries studying on campus in Edinburgh, online and at partner universities worldwide, we deliver meaningful, difference-making education and research for a rapidly changing world.
For more information, visit www.napier.ac.uk.
About the Centre for Mental Health Practice, Policy and Law Research
The solutions to addressing real life challenges associated with maintaining good mental health and supporting persons living with mental ill-health and capacity issues require multi-disciplinary and integrated approaches. The Centre for Mental Health Practice, Policy and Law Research, at Edinburgh Napier University, brings together researchers and stakeholders through research, learning and consultancy to inform and influence the realisation of everyone’s right to enjoy the highest attainable standard of mental health and the capabilities to achieve this during normal times and national emergency.
It has been estimated that one in four persons globally will be living with mental illness at some stage in their lives and more than this will experience mental capacity issues or mental distress arising from a number of different causes. This ratio has been predicted to rise as a result of the COVID-19 pandemic.
Consultation responses
Human Rights Bill Scotland Consultation - October 2023
UK NPM Consultation - August 2023
If you would like a copy of any Centre responses, please email cmhpplr@napier.ac.uk