Mental health law to be reviewed

There have been widespread concerns about whether Scotland’s mental health legislation protects individual’s rights. Now the Government has announced that the law will be reviewed to ensure that it improves the rights and protections of those living with mental illness and removes barriers to those caring for their health and welfare.

The review will examine developments in mental health law and practice on compulsory detention and on care and treatment since the current legislation came into force in 2005.

A review group will also make recommendations that reflect people’s social, economic and cultural rights and will consider the future shape of incapacity, mental health and adult support and protection legislation.

Judith Robertson, chair of the Scottish Human Rights Commission, said:

“People’s rights are affected by mental health laws in many ways, including whether they can exercise choice and control over their own care and treatment, how their liberty is affected and their rights to health.

“The Commission has called for a comprehensive review of mental health legislation for some time. We have expressed concerns about whether current legislation is effective at protecting and promoting the rights of those who need support with their mental health.

“We therefore welcome this review as an important opportunity to ensure that any new mental health legislation contains the right safeguards and provisions to protect people’s rights as fully as possible.


The Scottish Government have said that the views of those with experience of the mental health system will be central to the development of this review.

You can read more about the review here.





Image credit: Flickr: The Skint Dad Blog

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