Mental Health and Capacity Reform: delivery plan October 2023 to April 2025

4.1 We will review existing practices, working with partners to assess current effective supported decision-making approaches. Based on learning and evaluation from this work, we will consider whether a national framework or approach is needed.

We will map existing practices and next steps by end 2024

Lead: Mental Health – Mental Health & Incapacity Law

4.2 Relevant work is being taken forward across Government through a range of policy areas. This includes: enhancing independent advocacy provision to support those accessing the National Care Service; consideration of recommendations by The Promise Scotland; implementation of the Social Security Independent Advocacy Service; ongoing work for Children’s Rights; and consideration of implementation of the proposed Human Rights Bill and Learning Disability, Autism and Neurodivergent Bill.

4.3 We will work with key stakeholders including organisations providing advocacy services to help identify and address gaps and/or improvements in provision and/or legislation. We will engage with people with lived experience of accessing independent advocacy throughout.

We will complete the phases of the National Care Service co-design relating to independent advocacy by the end of 2025 as part of the establishment of the National Care Service.

Publish a new resource by late 2024 that will ensure children and young people understand the pathways that they can follow to claim their rights when they feel they are not being respected. The role of independent advocacy services will be included.

We will consider the responses to the Learning Disability, Autism and Neurodivergent Bill consultation paper proposals on advocacy and consider their inclusion in the proposed Bill.

Lead: Cross-government policy teams.

5.1 Explore how emerging policies, such as Getting it Right for Everyone (GIRFE) and the Human Rights Bill, would reflect the concept of Human Rights Enablement and then assess what further work may be required.

We will continue to monitor the progress of these policies throughout the lifetime of this plan

Lead: Mental Health – Mental Health & Incapacity Law

5.2 Fund partners to enhance existing Equal Partners in Care (EPiC) learning resource and to explore what further development of this training might be needed to develop Carer Awareness Training, in order to raise awareness of carers’ rights among all staff working with people with mental or learning disability across health and social care settings.

5.3 Promote the Triangle of Care across mental health services and embed its principles where appropriate within our mental health policy work. The best practice guide helps mental health services achieve better collaboration and partnership with carers in the service users and carers journey through mental health services.

We will raise awareness of existing resources by the end of 2024

Lead: Health – Carers & Mental Health – Workforce

6.1 Bring people together to consider the role of legislative reform, the development of regulation and scrutiny and opportunities for improved data collection and monitoring.

6.2 We will also look at the role of community-based services and strategies to enhance early intervention and prevention along with changes in practice to support recovery

We will consider findings of the Mental Welfare Commission’s report on community-based compulsory treatment orders published February 2024

Report into Safe Spaces to be published by Spring 2024

Lead: Mental Health – Mental Health and Incapacity Law & Unscheduled Care