Petitioner: W Hunter Watson
Status:
Closed
Date Lodged:
03 August 2017
Calling on the Scottish Parliament to urge the Scottish Government to conduct a wide review Scottish mental health and incapacity legislation and, when doing so, to take due account of recent developments in international human rights law.
Summary:
21 September 2017: The Committee agreed to write to the Scottish Government, the Mental Welfare Commission and the Scottish Human Rights Commission. The Committee also agreed to ask the clerks to identify additional organisations and representative bodies of those who provide care, from which the Committee may wish to invite written submissions. Link to Official Report 21 September 2017
22 March 2018: The Committee agreed to write to the Minister for Mental Health and, once a response is received, to consider whether to invite the Minister to provide evidence at a future meeting. Link to the Official Report 22 March 2018
25 October 2018: The Committee agreed to invite the Minister for Mental Health to give oral evidence at a future meeting. Link to the Official Report 25 October 2018
21 March 2019: The Committee agreed to reflect on the evidence heard and consider the petition further at a future meeting. Link to Official Report 21 March 2019
21 November 2019: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that the Scottish Government is undertaking work that addresses the action called for in the petition. It also agreed to write to the Scottish Government. Link to Official Report of Meeting 21 November 2019
Written submissions:
Should the Scottish Parliament legislate to ensure that:
- medication is not used as restraint in care homes;
- unwanted medication is not concealed in the food or drink of care home residents;
- except in an emergency, mental health patients are not detained in hospital without a prior court hearing;
- no mental health patient is subjected to forced treatment unless it has been established that it is medically necessary;
- mental health patients have a fair hearing before an independent, impartial and competent tribunal or court at which witnesses are required to give evidence on oath;
- transcripts of hearings are made available to mental health patients, their representatives and others who have a legitimate interest in them;
- the Convention on the Rights of Persons with Disabilities is incorporated into Scottish law?