Scotland’s mental health laws – major opportunity for change

The Mental Welfare Commission welcomes today’s publication of a national review of Scotland’s mental health laws, calling the new independent review a major opportunity for change.

The Scottish Mental Health Law Review - which was set up by Scottish Government and asked to review current laws and propose new legislation for the future – published its final report today.

Scotland’s laws in this area are over 20 years old, and in many ways are no longer aligned with the rights, expectations and needs of people requiring care and treatment.

The Review team’s report is wide-ranging, and includes proposals to give the Mental Welfare Commission more powers and responsibilities.

Julie Paterson, chief executive, Mental Welfare Commission, said:

“We welcome today’s report and agree that Scotland’s mental health and capacity laws need to be updated to focus much more on the individual and their rights. 
“While we will issue a full response once we have considered it carefully, we welcome the view that the Mental Welfare Commission should be given more responsibility and a stronger role.
“The Commission is increasingly concerned about the capacity and ability of our health and social care services to provide the care and treatment that is needed in Scotland. If we can assist this work by doing more to support and challenge services, and in so doing improve the legal and delivery landscape for people with mental ill health, we will do it.
“We look forward to reading the report in detail and working with government and health and social work/care services, and with individuals and relatives, to take this opportunity and plan the best approach for the future.
“This review report is a major opportunity to get it right for the future.”