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06 Sept 2025
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06 Sept 2025
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The Scottish Government has said it will “carefully consider” the more than 900-page long, final report of a review of Scotland’s mental health laws.
The Scottish Mental Health Law Review was set up in 2019, chaired by John Scott KC, in order to improve the rights and protections for people with mental health issues.
The review published its final report on Friday, including dozens of recommendations, including the strengthening of the Mental Welfare Commission and the Scottish Human Rights Commission.
In a response to the review, mental wellbeing minister Kevin Stewart said: “The Scottish Mental Health Law Review was tasked with reviewing our mental health and incapacity legislation in light of developments in international human rights, including the UN Convention on the Rights of Persons with Disabilities, and to consider where improvements could be made.
The Review is pleased to announce that we have now published our final report and this can be accessed via our website – https://t.co/qtUD02s6f5 We would like to thank everyone who contributed – we could not have done this without you!
— Scottish Mental Health Law Review (@MHLRScot) September 30, 2022
“Given the range and complexity of the review, we will take time to carefully consider the recommendations and also look to progress those areas which are able to be incorporated into our existing improvement and reform work.
“In addition there will be a need to consider the sequence of those requiring legislative change.”
While Julie Paterson, the chief executive of the Mental Welfare Commission, welcomed the review, adding that she agreed Scotland’s mental health and capacity legislation “needs to be updated to focus much more on the individual and their rights”.
“While we will issue a full response once we have considered it carefully, we welcome the view that the Mental Welfare Commission should be given more responsibility and a stronger role,” she added.
“The Commission is increasingly concerned about the capacity and ability of our health and social care services to provide the care and treatment that is needed in Scotland.
“If we can assist this work by doing more to support and challenge services, and in so doing improve the legal and delivery landscape for people with mental ill health, we will do it.
“We look forward to reading the report in detail and working with Government and health and social work/care services, and with individuals and relatives, to take this opportunity and plan the best approach for the future.
“This review report is a major opportunity to get it right for the future.”
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