Written Question · S5W-23477 · Session 5
What the remit will be of the chair of the committee that is to review mental health legislation.
The question
To ask the Scottish Government what the remit will be of the chair of the committee that is to review mental health legislation.
The answer
Scottish Ministers recently announced the appointment of John Scott QC as Chair of the review.
We have been clear that it is for the Chair to determine how the review work will be taken forward. However, this will include appointing a review group whose remit will include agreeing the terms of reference, ensuring each stage of the process has an engagement strategy which is not only transparent but also affords the opportunity to gather as wide-ranging views as possible by engaging people with real experiences, service users, carers and professionals, as well as those with a more academic interest.
We have also publically stated that the principal aim of the review is to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare. The Chair will therefore provide leadership which will deliver on these aims by:reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health (Care and Treatment) (Scotland) Act 2003 came into force;making recommendations that give effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people’s social, economic and cultural rights including UNCRPD and ECHR requirements; andconsidering the need for the convergence of incapacity, mental health and adult support and protection legislation.
We have been clear that it is for the Chair to determine how the review work will be taken forward. However, this will include appointing a review group whose remit will include agreeing the terms of reference, ensuring each stage of the process has an engagement strategy which is not only transparent but also affords the opportunity to gather as wide-ranging views as possible by engaging people with real experiences, service users, carers and professionals, as well as those with a more academic interest.
We have also publically stated that the principal aim of the review is to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare. The Chair will therefore provide leadership which will deliver on these aims by:reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health (Care and Treatment) (Scotland) Act 2003 came into force;making recommendations that give effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people’s social, economic and cultural rights including UNCRPD and ECHR requirements; andconsidering the need for the convergence of incapacity, mental health and adult support and protection legislation.
In the Official Report
No contribution in the Official Report cites S5W-23477 by reference.