Mental health: PfG delivery plan

Respecting, Protecting and Fulfilling Rights

Our Mental Health Strategy recognises the fundamental importance of human rights, so we are already reviewing various elements of mental health and incapacity legislation in Scotland. There are currently two major reviews underway focusing on adults with incapacity and how the Mental Health Act meets the needs of those with learning disability and autism.

The adults with incapacity review is well underway and has held a wide-ranging consultation with stakeholders on concerns around legislation not meeting the requirement of the UN Convention on the Rights of Persons with Disabilities and processes that are overburdened. The results have been analysed and we are currently working with stakeholders to finalise policy proposals.

There is also a review of the position of learning disability and autism within mental health law focusing on the areas such as the operation of the 2003 Act and research to build the evidence base. The review is highly participative and is expected to conclude later in 2019.

We will continue to support stakeholders who are working to ensure that people can fully enjoy their rights, free from discrimination and stigma.