News Release, 17 September 2002
The Mental Health Foundation today responded to mental health law reforms in Scotland with a warning that a lack of rights for service users leaves draft legislation open to failure.
While broadly welcoming the Bill, experts warned that a number of omissions could undermine the reforms. The Foundation, a leading UK charity working in mental health and learning disabilities, said that the new legislation must include:
- Clarification of the circumstances in which someone can be given compulsory treatment
- Provision for a range of accessible community-based services to ensure that compulsion is only used where absolutely necessary
- More access to advocacy for all users of mental health services.
The Foundation also stated that there should be no Electro Convulsive Therapy without consent except in emergencies, and that there should be no pyschosurgery without consent under any circumstances.
Maddy Halliday, Director, Scotland and UK Development at the Mental Health Foundation stated:
"The reforms are based on sound principles, and many aspects of the Bill are most welcome. We certainly believe that it's a much better example of how to tackle reforms than the Mental Health Bill for England and Wales, which is under heavy criticism from all sides.
But more needs to be done to ensure that compulsion is used only when absolutely necessary. The Scottish Executive must address the fundamental need for good quality services that are available when people with mental health problems need them."
The Foundation welcomed the extended powers of the Mental Welfare Commission and the introduction of an independent Mental Health Tribunal.
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