Scotland’s Mental Health & Capacity Law Review - Breaking the Circle at Last?

Introduction

The Scott Review (September 2022) made a fundamental and broad reaching review of Scotland’s mental health and incapacity law. The Scottish Government published its response in July 2023.

A number of new concepts are proposed offering greater agency to adults with a mental incapacity or disorder and placing human rights at the centre of the reformed law. Scotland’s law has not yet changed in response to the decisions in Bournewood and Cheshire West, nor changes directed to adults with autism or learning disability.

This webinar will assist you in understanding the likely effect on your practice and the nature of work you may undertake in the future.

A Human Rights Bill is promised by the Scottish Government in the medium term, and while that alone will not bring about systems with human rights at their heart, the earlier and better the future direction of travel is understood, the better a future transition will be achieved.

The webinar will also consider the recently published WHO/UN Presentation Mental Health, Human Rights and Legislation which may offer useful guidance regarding the terms of future legislation in Scotland.

What You Will Learn

This webinar will cover the following:

• How the current proposals of the Scottish Government are informed by previous reports, including the Scott Review
• The changes in law and practice identified as necessary by the Scott Review
• Which areas of law are likely to be reformed initially
• The possible implications of the Human Rights Bill
• Where the proposals fall short of expectations

This webinar was recorded on 20th November 2023