Mental health and disability law
Scottish Law Commission discussion paper 156 - adults with incapacity
The discussion paper considers the position in Scots law concerning the right to liberty of adults with incapacity in residential facilities. The main questions raised by the discussion paper are
- Is Scots law as it currently stands adequate to meet the requirements of the European Convention in this area?
- If not, how should it be changed?
- Visit the Scottish Law Commission's website to view the discussion paper
- The Law Society of Scotland's response (November 2012)
Early deliberation on graded guardianship
This paper has been drafted by the Convener of the Mental Healh and Disability Committee, Adrian Ward, in repsonse to the Office of the Public Guardian (Scotland) paper on Early Deliberation on Graded Guardianship and reflects the provisional but not concluded views of the committee.
The Law Society paper (September 2012)
Integration of Adult Health and Social Care in Scotland: Consultation on Proposals
The consultation sets out proposals to inform and change the way that the NHS and local authorities work together and in partnership with the third and independent sectors. Proposals include changes to how adult health and social care services are planned and delivered, aiming towards a seamless experience from the perspective of the patient, service user or carer. It also outlines improvements to integrating health and social care services which are not limited to older people, but extend to all adult health and social care services.
- Vist the Scottish Government website to view the consultation
- The Law Society of Scotland's response (July 2012)
Adults With Incapacity (Scotland) Act 2000 - Consultation On Proposals To Extend Provision For Research In Urgent Situations
Scottish ministers propose amending S51 of the Adults With Incapacity (Scotland) Act 2000 to allow the research provisions for incapacitated adults in clinical trials of investigational medicinal products (CTIMPs) to be extended so that research can go ahead with the consent of the patient's doctor and in urgent situations for non-CTIMPs.
Mental welfare consultation on zero tolerance
The Mental Welfare Commission (MWC) issued a consultation ahead of issuing their good practice guide on how they should respond to dangerous incidents in learning disability and mental health settings.
AJTC Scottish Committee - consultation
The Scottish Committee of the AJTC launched a consultation exercise regarding administrative decisions made by Scottish Government departments and public bodies where there is no right of appeal against the decision or where the right of appeal is inaccessible or inappropriate.