Motions, questions and answers

The Wessely Review recommends many of the aspects which are already provided for in Scotland’s existing mental health legislation. The Mental Health (Care and Treatment) (Scotland) Act 2003 is based on rights and principles and provides safeguards which include that any function should be carried out for the maximum benefit of the patient, with the minimum necessary restriction on the freedom of the patient and having regard to the views of the patient. We have made changes to ensure that people with a mental disorder can access effective treatment quickly and improved legislation through the Mental Health (Scotland) Act 2015 to strengthen support for decision making and promote rights.
Most people who use mental health services receive treatment without being subject to an order or certificate under the 2003 Act. If a person needs to be detained, the Act offers patients significant safeguards where compulsory treatment is necessary. Safeguards include a right to appeal, access to independent advocacy and an efficient and independent Mental Health Tribunal which grants and reviews orders for compulsory treatment. Also, the Mental Welfare Commission monitors the use of Scottish mental health law, including compulsory treatment. The Commission has the power to intervene in particular cases if there is evidence of improper care, treatment or practices.
We are making significant investment in the range of mental health support available, which will see issues tackled earlier and, where possible, in the community, while ensuring speedier access to specialist care for those who need it.