Mental Health, Incapacity and the Law in Scotland

Auteur
Jill Stavert is Professor of Mental Health and Capacity Law at Edinburgh Napier where she is Director of the Centre for Mental Health and Capacity Law and leads the Centre for Mental Health Practice Policy and Law Research. Her areas of research and expertise are international, European and national human rights and mental health and mental capacity law and related law, policy and practice review and reform. Jill's recent work has included the impact of COVID-19 and related restrictions on law, policy and practice relating to persons with mental disabilities and she is currently a member of the Scottish Mental Health Law Review (Scott Review) Executive Team. Previously she was an expert advisor to the Scottish Independent Review of Learning Disability and Autism in the Mental Health Act and a member of the Deprivation of Liberty and Supported Decision-Making Working Groups in the Scottish Government review of the Adults with Incapacity (Scotland) Act. She is also currently leading a Nuffield Foundation funded study on views and experiences of the Mental Health Tribunal for Scotland. 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.

Texte du rabat
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.

This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student and Scottish General Practice online services.

Contenu
Ch 1 The law in context; Ch 2 Statutory framework; Ch 3 Key organisations; Ch 4 Supporting the service user; Ch 5 Patients' rights; Ch 6 Care in hospital; Ch 7 Consent to treatment; Ch 8 Patients unable to consent; Ch 9 Restraint, force and detention; Ch 10 Preparing for future incapacity; Ch 11 Compulsory measures; Ch 12 Short-term detention; Ch 13 Emergency detention; Ch 14 Compulsory treatment orders; Ch 15 Compulsory treatment orders: reviews, appeals and suspension; Ch 16 Medical treatment; Ch 17 Rights of patients subject to orders; Ch 18 Restrictions on detained patients; Ch 19 Hospital transfers; Ch 20 Breach of orders, unauthorised absences and offences; Ch 21 Transitional arrangements; Ch 22 Representation at the tribunal; Ch 23 Tribunal procedure; Ch 24 Adults with Incapacity Act; Ch 25 Authorising welfare decisions; Ch 26 Financial management; Ch 27 Community care; Ch 28 Duty to provide services; Ch 29 Paying for care; Ch 30 People at risk; Ch 31 Personal life; Ch 32 Housing; Ch 33 Education and employment; Ch 34 Consumer rights; Ch 35 Civil rights and public life; Ch 36 Protection against discrimination; Ch 37 Respect for diversity; Ch 38 Issues for people with dementia; Ch 39 People with learning disabilities; Ch 40 Refugees and asylum seekers; Ch 41 Children and young people; Ch 42 Carers; Ch 43 Criminal law and mental health; Ch 44 Special measures for suspects and witnesses; Ch 45 The criminal court process: from arrest to sentence; Ch 46 The criminal court process: sentencing; Ch 47 Care in prison and hospital transfers; Ch 48 Impact of criminal justice orders and patients' rights; Ch 49 Health and care standards; Ch 50 Complaints; Ch 51 Legal remedies; Ch 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