Mental Health, Incapacity and the Law in Scotland, 3rd Edition

Author: Hilary Patrick
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526518316
Published In: September 2024
Format: Paperback , 1112 pages
Jurisdiction: Scotland ? Disclaimer:
Countri(es) stated herein are used as reference only

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A comprehensive and up to date guide to mental health law in Scotland, including developments since the implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.

This highly practical guide covers every aspect of mental health law, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong.

The third edition includes:
- Changes recommended by the Independent Review on Learning Disability and Autism to mental health legislation (plus any legislative, policy or guidance reflecting this) in its December 2019 final report.
- Changes recommended by the Independent Review of Scottish Mental Health Law covering mental health, adults with incapacity and adult support and protection law. This is an ongoing review expected to be completed by summer 2022 with interim reports and recommendations on the lead up to publication.
- Developments and increased influence of the Convention on the Rights of Persons with Disabilities on mental health and incapacity law, practice and policy and the need to give greater effect to economic, social and cultural rights in relation to mental health.
PART 1: INTRODUCTION AND BACKGROUND
Chapter 1 - The law in context
Chapter 2 - Statutory framework
Chapter 3 - Key organisations
Chapter 4 - Supporting the service user

PART 2: MEDICAL TREATMENT AND CARE
Chapter 5 - Patients' rights
Chapter 6 - Care in hospital
Chapter 7 - Consent to treatment
Chapter 8 - Patients unable to consent
Chapter 9 - Restraint, force and detention
Chapter 10 - Preparing for future incapacity

PART 3: THE USE OF COMPULSION
Chapter 11 - Compulsory measures
Chapter 12 - Short-term detention
Chapter 13 - Emergency detention
Chapter 14 - Compulsory treatment orders
Chapter 15 - Compulsory treatment orders: reviews, appeals and suspension
Chapter 16 - Medical treatment
Chapter 17 - Rights of patients subject to orders
Chapter 18 - Restrictions on detained patients
Chapter 19 - Hospital transfers
Chapter 20 - Breach of orders, unauthorised absences and offences
Chapter 21 - Transitional arrangements

PART 4: THE TRIBUNAL
Chapter 22 - Representation at the tribunal
Chapter 23 - Tribunal procedure

PART 5: ADULTS WITH INCAPACITY
Chapter 24 - Adults with Incapacity Act
Chapter 25 - Authorising welfare decisions
Chapter 26 - Financial management

PART 6: CARE IN THE COMMUNITY
Chapter 27 - Community care
Chapter 28 - Duty to provide services
Chapter 29 - Paying for care

PART 7: PEOPLE AT RISK
Chapter 30 - People at risk

PART 8: THE IMPACT OF MENTAL DISORDER
Chapter 31 - Personal life
Chapter 32 - Housing
Chapter 33 - Education and employment
Chapter 34 - Consumer rights
Chapter 35 - Civil rights and public life

PART 9: DISCRIMINATION
Chapter 36 - Protection against discrimination

PART 10: PEOPLE WITH ADDITIONAL NEEDS
Chapter 37 - Respect for diversity
Chapter 38 - Issues for people with dementia
Chapter 39 - People with learning disabilities
Chapter 40 - Refugees and asylum seekers
Chapter 41 - Children and young people

PART 11: CARERS
Chapter 42 - Carers

PART 12: CRIMINAL JUSTICE AND MENTAL DISORDER
Chapter 43 - Criminal law and mental health
Chapter 44 - Special measures for suspects and witnesses
Chapter 45 - The criminal court process: from arrest to sentence
Chapter 46 - The criminal court process: sentencing
Chapter 47 - Care in prison and hospital transfers
Chapter 48 - Impact of criminal justice orders and patients' rights

PART 13: CARE STANDARDS
Chapter 49 - Health and care standards

PART 14: WHEN THINGS GO WRONG
Chapter 50 - Complaints
Chapter 51 - Legal remedies
Chapter 52 - Official enquiries

APPENDICES
Appendix 1 - European Convention on Human Rights
Appendix 2 - UN Convention on the Rights of Persons with Disabilities and Optional Protocol
Hilary Patrick is an Honorary Fellow in the School of Law at Edinburgh University. She is vice convener of the Law Society's Mental Health & Disability Committee and is a former legal advisor to The Scottish Association of Mental Health.

Dr Jill Stavert, Reader in Law, Napier University.

Jill's areas of research are international, European and national human rights law and mental health, and non-state actors (especially businesses) and human rights and she works with a number of organisations and bodies that promote mental health and/or human rights. She has also published and presented at conferences in the field of mental health and human rights law.

Jill leads and represents the Law subject group at Edinburgh Napier University in research and is Director of the soon to be launched Centre for Mental Health and Incapacity Law Rights and Policy.