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  4. Law Society urges the Scottish Government to press ahead with legislative reforms following the Scottish Mental Health Review

Law Society urges the Scottish Government to press ahead with legislative reforms following the Scottish Mental Health Review

28th June 2023 | Law Society news

The Scottish Government’s response to the Scottish Mental Health Law Review is a positive indication of governmental commitment to much needed legislative reform, according to the Law Society of Scotland.

While the professional body for Scottish solicitors has welcomed the response, it stressed the importance of avoiding any further delays to implementation.

David McClements, Vice-convener of the Law Society of Scotland Mental Health and Disability Committee said, “The Scottish Mental Health Law Review has produced a much needed, thorough and insightful report and it is gratifying to see the Scottish Government progressing it to the implementation phase.

“It is imperative that we protect the most vulnerable members of our society from treatment which may amount to potential human rights violations. Reform of the Adults with Incapacity Act is essential and long overdue and a scheme to govern deprivation of liberty in Scotland is urgently required.

“We are pleased that the Review’s recommendations and our calls for these matters to be treated as a priority have been heard and would encourage timely publication of the Delivery Plan in order to avoid any further delays in addressing this urgently needed reform. We look forward to working with the Scottish Government to take this important work forward.”

Read the Scottish Government's response.

Find out more about the Society’s work with the Scottish Mental Health Law Review.

Advance choices and medical decision making

Deficiencies in Scots law around advance choices, and medical decision-making in intensive care situations, put human rights in jeopardy, according to a Law Society of Scotland report.

Read more about Advance choices and medical decision making

Scottish Government must address unregulated deprivations of liberty

The Scottish Government’s continued failure to ensure deprivations of liberty are appropriately regulated must be addressed as a matter of priority, according to the Law Society of Scotland.

Read more about Scottish Government must address unregulated deprivations of liberty

Reform must ensure that law does not discriminate against people who do not have a diagnosed mental illness

The Law Society of Scotland has called for legal reforms to ensure that the law does not discriminate against people who do not have a diagnosed mental illness.

Read more about Reform must ensure that law does not discriminate against people who do not have a diagnosed mental illness
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