Mental Health, Incapacity and the Law in Scotland

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.

Jill Stavert is Professor of Mental Health and Capacity Law and Director of the Centre for Mental Health and Capacity Law at Edinburgh Napier University