Government outlines ‘staged approach’ to mental health law reform

The Scottish Government has pledged to look at how legislation on mental health and capacity can be updated to “better reflect international human rights standards”.

Mental health minister Maree Todd promised the change as the Government announced it will adopt a “staged approach to reform” following a major review of mental health laws.

In its response to the Scottish Mental Health Law Review (SMHLR) – which made more than 200 recommendations for change when it was published in 2022 – the Government said its intention is “to introduce progressive reform over time”.

The SMHLR, which was chaired by John Scott KC, considered how to improve the rights and protections for people with mental health issues, with its findings contained in a report which was more than 900 pages long.

The Government’s response, published nine months later, said that at present there is “insufficient information to fully assess the resource implications required to deliver on the ambitions set out in the SMHLR”.

But ministers said they will introduce reform “in line with available resource and the capacity of mental health and care services to deliver safely and successfully”.

With the Government committing to an approach that “focuses on the most urgent priorities first”, a number of “high level priorities” for action were outlined.

These include reforming the law around adults with incapacity in a bid to improve safeguards, and looking at how the Mental Health Act can be changed to “better align with developments in international human rights standards”.

Work will also be done to try to reduce the use of coercion, with ministers saying as an initial step towards this the Government will “scope a programme of work with the aim of reducing the use of coercion and restrictive practices, such as seclusion and restraint, over time”.

Ms Todd said the Government had “taken time to carefully consider the review from Lord Scott”.

She stressed ministers agree “more can be done to protect the human rights of people with mental illness, as well as adults who lack capacity”, such as people with dementia when they become unable to make or communicate decisions about their lives.

The minister continued: “As part of our response to the review, we will establish a new Mental Health and Capacity Reform Programme to look at how we can update and modernise our mental health and capacity legislation to better reflect international human rights standards.

“Alongside efforts to strengthen legislation, the programme will also focus on supporting decision-making and improving the way that human rights are put into practice across mental health services, as well as supporting change to give people greater control over their own lives, care and treatment.

“Over the summer we will be designing this programme, working with people who have experienced the mental health system, to help us to reach decisions about the changes that are needed in the short, medium and long-term and how to put them into practice so that those who need it receive the best possible care and support in our communities.”