Government commitment to law review for people with learning disability welcomed

The Mental Welfare Commission today welcomed the government's action plan for people with disabilities, and looks forward to the planned review of the Mental Health Act in relation to people with learning disability and autism.

Colin McKay, chief executive of the Mental Welfare Commission, said:

"We welcome today's action plan, and look forward to a key next step in relation to our remit - the Scottish Government's review of the Mental Health Act as it concerns people with learning disability and autism.

"The Act hails from 2003, and this review will be a vital step in ensuring that Scottish legislation remains appropriate.

"We also welcome the commitment to a review of the legislation related to adults with incapacity, which dates back to 2000, and which is in urgent need of reform.

"There is real concern that the way the law works at the moment does not fully meet the expectations of the UN Convention on the Rights of Persons with Disabilities. It will be important that these reviews take this fully into account, and that we work towards a comprehensive, rights based framework for people whose ability to decide about their own care and treatment is impaired."

Background notes

The Scottish Government Delivery Plan for the UN Convention on the Rights of Persons with Disabilities: A Fairer Scotland for Disabled People was published today. It states that the Government will

• Review whether the Mental Health (Care and Treatment) (Scotland) Act 2003 should cover people with learning disabilities and autism
• Work with disabled people to develop changes to the Adults with Incapacity Act in relation to deprivation of liberty by 2018.

The 2003 Mental Health Act provides the legal framework for dealing with people with mental ill health who need compulsory detention or treatment. When it was under development there was considerable debate on whether learning disability and autism should be included. It was decided to include learning disability in the Act, and that learning disability should be considered to include autism spectrum disorder.

It was anticipated that the arrangement should be reviewed at an early opportunity. There has been no review to date.

The Adults with Incapacity Act sets out procedures to allow financial, welfare and medical decisions to be taken for adults with learning disabilities, dementia or mental health problems. The Government commitment to review incapacity law follows proposals from the Scottish Law Commission.

Responding to the Government consultation on these proposals, the Commission joined with other bodies in calling for a comprehensive reform of the system of welfare guardianship.

Jamie Wilson 0131 313 8782