The independent review of the Mental Health (Care and Treatment) (Scotland) Act 2003 is a step in the right direction for compliance with modern human rights standards, according to the Law Society of Scotland.

Commenting on the announcement made by the Minister for Mental Health Clare Haughey on 19 March, the Law Society has welcomed the review and called for better adoption of modern practices to improve the rights and protections of those living with mental illness and impaired capacity.

Adrian Ward MBE, Convener of the Law Society’s Mental Health and Disability Law Sub-Committee, said: “While Scottish adult incapacity legislation was originally world-leading, it has now fallen behind modern human rights standards. It is particularly welcome that the current review of that legislation is now to be combined with the new review of mental health legislation.

“We believe that the time is right for fundamental change, and we hope that the Scottish Government will use the period of review to enhance the adoption of modern best practice by all relevant professions and service providers in advance of law reform. The review provides a space in which to tackle the current deficits in practice under the existing legislation.”

Mental health and disability law

Our responses to consultations in the area of mental health and disability law.