A comprehensive and up to date guide to mental health law in Scotland, including developments since the implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.
This highly practical guide covers every aspect of mental health law, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong.
The third edition includes: - Changes recommended by the Independent Review on Learning Disability and Autism to mental health legislation (plus any legislative, policy or guidance reflecting this) in its December 2019 final report. - Changes recommended by the Independent Review of Scottish Mental Health Law covering mental health, adults with incapacity and adult support and protection law. This is an ongoing review expected to be completed by summer 2022 with interim reports and recommendations on the lead up to publication. - Developments and increased influence of the Convention on the Rights of Persons with Disabilities on mental health and incapacity law, practice and policy and the need to give greater effect to economic, social and cultural rights in relation to mental health.
Read an extract of Mental Health, Incapacity and the Law in Scotland
Table of Contents
Ch 1 – The law in context; Ch 2 – Statutory framework; Ch 3 – Key organisations; Ch 4 – Supporting the service user; Ch 5 – Patients' rights; Ch 6 – Care in hospital; Ch 7 – Consent to treatment; Ch 8 – Patients unable to consent; Ch 9 – Restraint, force and detention; Ch 10 – Preparing for future incapacity; Ch 11 – Compulsory measures; Ch 12 – Short-term detention; Ch 13 – Emergency detention; Ch 14 – Compulsory treatment orders; Ch 15 – Compulsory treatment orders: reviews, appeals and suspension; Ch 16 – Medical treatment; Ch 17 – Rights of patients subject to orders; Ch 18 – Restrictions on detained patients; Ch 19 – Hospital transfers; Ch 20 – Breach of orders, unauthorised absences and offences; Ch 21 – Transitional arrangements; Ch 22 – Representation at the tribunal; Ch 23 – Tribunal procedure; Ch 24 – Adults with Incapacity Act; Ch 25 – Authorising welfare decisions; Ch 26 – Financial management; Ch 27 – Community care; Ch 28 – Duty to provide services; Ch 29 – Paying for care; Ch 30 – People at risk; Ch 31 – Personal life; Ch 32 – Housing; Ch 33 – Education and employment; Ch 34 – Consumer rights; Ch 35 – Civil rights and public life; Ch 36 – Protection against discrimination; Ch 37 – Respect for diversity; Ch 38 – Issues for people with dementia; Ch 39 – People with learning disabilities; Ch 40 – Refugees and asylum seekers; Ch 41 – Children and young people; Ch 42 – Carers; Ch 43 – Criminal law and mental health; Ch 44 – Special measures for suspects and witnesses; Ch 45 – The criminal court process: from arrest to sentence; Ch 46 – The criminal court process: sentencing; Ch 47 – Care in prison and hospital transfers; Ch 48 – Impact of criminal justice orders and patients' rights; Ch 49 – Health and care standards; Ch 50 – Complaints; Ch 51 – Legal remedies; Ch 52 – Official enquiries
APPENDICES Appendix 1 – European Convention on Human Rights Appendix 2 – UN Convention on the Rights of Persons with Disabilities and Optional Protocol