Date lodged: 8 May 2019
To ask the Scottish Government what its position on whether the review into mental health and incapacity legislation should take account of the methodology and the findings of earlier research into the views of service users with experience of receiving non-consensual treatment.
Answered by: Clare Haughey 16 May 2019
The vast majority of people who access mental health care and treatment do so on a voluntarily basis. Very few people are ever treated against their will; when they are, it is because it is necessary to protect them or to protect other people.
While it will be for the Chair to determine how the review is best taken forward, we have been clear that the principal aim of the review of the Mental Health Act is to improve the rights and protections of people with a mental disorder and remove barriers to those caring for their health and welfare.
The review will take a human rights approach and will be stakeholder-driven and evidence-led. How the evidence is gathered will again be a matter for the Chair; however, we would expect this comprehensive review to have examined and analysed relevant literature before considering its final recommendations. It is also crucial that people have an opportunity to make their views known, particularly those with lived experience.