Review of Mental Health Law in Scotland

Closed 29 May 2020

Opened 3 Feb 2020

Published responses

View submitted responses where consent has been given to publish the response.


A review is being carried out into the way mental health law is working in Scotland. This review was set up by the Scottish Government but it is independent from them.

John Scott QC is leading the Review and wants to hear about your experience of mental health law in Scotland. Your views will help John and his team learn more about the way the law is working just now and what can be done to improve the way it works.

If you would prefer to speak to someone face to face or over the phone, then please contact the Mental Health Law Review team at


*Please note that although this consulatation is located on a Scottish Government website, all reponses will only ever be viewed by those on the secretariat team*

Why your views matter

The aim of the Review is to improve the rights and protections of people affected by the mental health, incapacity or adult support and protection laws because they have, or used to have, a mental disorder. This includes carers or supporters of people affected by these laws.

When the law talks about someone with “a mental disorder” it means   someone who has a mental illness, a personality disorder or a learning disability. This can include people experiencing dementia, depression or autistic people. This is the definition that is used in the law at present which is why we are using it.

We are also taking what is known as a Human Rights based approach to the Review.

This means that at all times we are asking how mental health law promotes and protects human rights, and if it could do this in better ways.

The consultation paper can be found via this link.

What happens next

The Review will analyse all the information made available to it, including responses to this consultation. It will use this to produce an interim report, which will identify priorities and an overall timeline for the next stage of the review. You can keep up to date with the ongoing of the Review via our website or by following us on Twitter at @MHLRScot.


  • Children and Families
  • Communities and Third Sector
  • Equality, Welfare and Rights
  • Public Sector
  • Health and Social Care
  • Law and Order