Abstract

The new political landscape in Scotland forms the background to this analysis of the distinctive new legal regime in Scotland and provides a comparison with England where new mental health legislation is much delayed. Focussing on the civil aspects of the law, the innovative aspects of the Scottish legislation are discussed. Chapters concentrate on the new Mental Health Tribunal for Scotland, the community-based compulsory treatment order, safeguards for patients including named persons, advocacy and advance statements, the increased interest in the position and rights of family and informal carers and how these legal requirements are likely to influence the provision of mental health services. The book places these developments in an international context as governments seek to balance patient rights against public fears. These aspects of the law are put in their social and research context with a look to how these changes may influence patients, families and professional services.