On Friday 30th September the Scottish Mental Health Law Review chaired by John Scott QC published findings from its 3-year review. The principle aim of the review was to look at the rights and protections within the current law and suggest recommendations for change.

Responding to the review Rob Holland, Director of National Autistic Society Scotland said:

“The review has been clear that reform should be centred on human rights and has set out some welcome principles that future mental health law should follow such as dignity, inclusion, equality and autonomy.

This is hugely welcome step in the campaign to stop the scandal of autistic people being wrongly detained and stuck in mental health hospitals.

Autism is not a mental health condition and mental health hospitals are not the right place for the vast majority of autistic people. Yet some spend many months, even years, in hospitals many miles from their families, and we continue to hear deeply concerning reports of overmedication, inappropriate restraint and seclusion such as those highlighted by the recent BBC Disclosure documentary.

Decisions on detention and compulsory treatment should not be made on the basis of autism and on this the review is unclear. We are not convinced these proposals will prevent autistic people from inappropriately ending up within mental health hospitals. 

Much more work needs to be done on this. In addition, the Scottish Government should consider how the reforms will work along-side the forthcoming Learning Disability, Autism and Neurodiversity Bill which includes a commitment to establish a Commissioner to promote and protect rights of autistic people.”

Please read the full review and executive summary.