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Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 2)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 364, February 2008, pp.29-31.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article considers the progress made by the Scottish Executive in reforming the court system to better meet the needs of people with mental vulnerability, in particular through the Vulnerable Witnesses (Scotland) Act 2004.
The lessons of experience: the Adult (Support and Protection) Act reforms to Scottish incapacity and mental health legislation
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 360, October 2007, pp.222-225.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
The Adult (Support and Protection) (Scotland) Act 2007 has made significant changes to the Adults with Incapacity (Scotland) Act 2000 and some drafting improvements to the Mental Health (Care and Treatment) (Scotland) Act 2003. This article outlines the changes. It highlights recognition of advocacy, powers of attorney, changes to intervention orders, guardianship, access to funds and changes to Mental Health (Care and Treatment) Act.
Deprivation of liberty rules challenge Scotland's care for vulnerable adults
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 375, January 2009, pp.5-8.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
The author summarises findings from a recent paper 'Autonomy, benefit and protection: how human rights law can protect people with mental health conditions or learning disabilities from unlawful deprivation of liberty', which looked at how health and social care for people with mental health issues and learning disabilities in Scotland respects their right of liberty under Article 5 of the European Convention of Human Rights. The article covers how the courts interpret deprivation of liberty in practice and the impact of ECHR for people receiving care in hospital and community settings. It then discusses how the human rights approach might promote ethical decision making.
Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 1)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 363, January 2008, pp.11-13.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article look at how the civil justice system in Scotland responds to the needs of people living with mental vulnerabilities, learning disabilities and dementia. In particular it discusses how people with mental vulnerabilities gain access to good quality legal information, advice and assistance.