Report on the Review of the Mental Health (Scotland) Act 1984

Executive Summary

INTERNATIONAL AND CROSS BORDER ISSUES

Cross border issues

157. There should be liaison between government departments in the different administrations of the UK to ensure that the provisions for cross border transfers in the various Mental Health Acts remain complementary.

158. There should normally be advance notice given to the patient, named person and the Mental Welfare Commission of a proposed transfer from Scotland to another part of the UK.

159. There should be a right of appeal to a tribunal against a decision to transfer a patient outwith Scotland.

160. The Mental Welfare Commission should visit patients transferred to Scotland within 3 months.

161. Ministers should be able to transfer mentally disordered patients from another country, who do not have a right of abode in the UK, to countries outside the UK, only if satisfied that the patient will receive adequate care in the receiving country. Patients should have the right to appeal against removal from the UK.

162. Specialist advocacy should be provided to asylum seekers and refugees with mental disorders to assist them in understanding their legal position and to provide liaison with their legal representatives and/or immigration officials.

Hague Convention on the International Protection of Adults

163. A new Mental Health Act should, as far as possible, be consistent on the relevant issues with the provisions of the Hague Convention on the International Protection of Adults.

European Convention on Human Rights and the Council of Europe White Paper on Psychiatry

164. The European Convention on Human Rights is now a fundamental part of Scottish Law and Scottish legislation must now be consistent with the provisions of the Convention. The Committee has borne the Convention in mind in making its recommendations, but it will be for the Scottish Parliament and Scottish Executive to ensure that any subsequent legislation meets the requirements of the Convention.

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