Mental Health, Incapacity and the Law in Scotland

Prof. Jill Stavert, Professor in Law, Napier University. Jill's areas of research are international, European and national human rights law and mental health, and non-state actors (especially businesses) and human rights and she works with a number of organisations and bodies that promote mental health and/or human rights. She has also published and presented at conferences in the field of mental health and human rights law. Jill leads and represents the Law subject group at Edinburgh Napier University in research and is Director of the Centre for Mental Health and Incapacity Law Rights and Policy. Hilary Patrick is a former Honorary Fellow in the School of Law at Edinburgh University, she served on the Millan and McManus committees, advising on the reform of Scottish mental health law.

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