Review of learning disability and autism in Scottish mental health law – a scoping consultation

EASY READ

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What this booklet is about
/ The Scottish Government is going to review a law called the Mental Health (Care and Treatment) (Scotland) Act 2003.
/ We will call this the Act in the rest of this booklet.
/ A review is when people look at the law and see if they think changes need to be made.
/ The Scottish Commission for Learning Disability and The Mental Welfare Commission are helping the Government to do this.
More about this booklet
/ We would like you to answer the questions in this booklet.
/ Words written in bold are explained in the booklet.
How to tell us your answers
/ You do not have to answer all of the questions.
/ Just leave blank any questions that you cannot answer or do not want to answer.
/ You can write or type your answers on this booklet.
More about how to tell us your answers
/ You can save a copy and email it
/ You can post it to
Griesbach & Associates (MWC/SCLD consultation)
7 Hazel Avenue
Crieff PH7 3ER
/ You can fill in an online form at

This form is not Easy Read.
About the Mental Health (Care and Treatment) (Scotland) Act 2003.
Who the Act is about.
/ The Act is about people who have a mental disorder.
/ In this Act mental disorderusually meanspeople who have a mental illness.
/ Mental illnessmeans when you have an illness that makes you think or feel differently to the way you usually do.
An example of a mental illnessis depression.
More about who the Act is about.
/ In this Act mental disorder can also mean learning disability or autism.

/ If you want to know more.
You can find easy read information about these conditions at

What the Act says about people.
/ Sometimes when a person with a mental disorder is not well they cannot think very clearly.
/ Sometimes this means that they cannot make decisions or look after themselves.
/ Sometimes the person does not want to take medicine that doctors think will make them better.
/ The Act says that doctors can make the person take medicine to make them better.
More about what the Act says about people
/ The Act says that doctors can make a person stay in hospital if the doctor thinks they need it.
/ If a person with a mental disorder does not agree with the doctor they can go to a Mental Health Tribunal.
/ A Mental Health Tribunal is a group of three experts who listen to the person and the doctor then decide what is best.
/ The Act says that a person must be respected and listened to when they are not well.
More about what the Act says about people
/ The person can only be made to stay in hospital until they are well enough to go home.
/ A person shouldnot be kept in hospital if they are well enough to go home again.
/ The Act means that some people with a mental disorder who do bad things because they are not well will go to hospital for treatment instead of prison.
What some people think needs to change
/ Some people think that people with learning disabilitiesand autism should not be included in the Act.
/ These people think it is wrong to say that learning disability is a mental disorder.
/ Some people think it is wrong that a person with a learning disability can be made to stay in hospitalor to take medicine they do not want because of this Act.
/ Some people think people with learning disabilities or autism should have their own law to say what help they must get.
Why some people think the Act should stay the same
/ Some people think that the Act can help people with learning disabilities or autism.
/ Some people will need to go to hospital or take medicine they do not want.
This is only if doctors think it will make them better.
/ The Act makes sure this is done fairly.
/ Some people think it is important that people get help in hospital instead of going to prison.
What should the review look at?
/ We are going to ask you some questions about the review.
/ You can write or type your answers.
If you donot have enough space you can write on plain paper and add it in.
Question number 1.
/ Some people with learning disabilities or autism have been made to go to hospital when they did not want to.
/ Do you think the review should ask these people about their experiences?
/ Please tell us why you think this.
Write your answer in this box.
Question number 2.
/ Some people with learning disabilities or autism behave badly or do things that are not legal.
/ Do youthink the review should look at how to help these people?
/ Please tell us why you think this.
Write your answer in this box
Question number 3.
/ Other countries have different kinds of laws to help people with learning disability and autism.
/ Do you think the review should look at what happens in other countries?
/ Please tell us why you think this.
Write your answer in this box.
Question number 4.
/ Please tell us anything else you think the review should look at.
Write your answer in this box.
Question number 5.
/ Please tell us about anything you think the review should NOT look at.
Write your answer in this box.
Who should be involved in the review?
Question number 6.
/ The Government thinks it is important that the review asks the people who are talked about in The Act what they think.
/ Do you have any ideas about good ways to do this?
Write your answer in this box.
Question number 7.
/ What groups or organisations do you think the review should talk to?
Write your answer in this box.
Who should lead the review?
/ It is important that the review has a person or organisation in charge who will do a good job.
/ Different people or organisations have been in charge of other reviews.
/ Some ideas for people who might be good to be in charge of the review are written below.
/ An independent person like a law expert.
More about who should lead the review
/ A committee of experts.
/ An organisation like SCLD or the Mental Welfare Commission.
/ A team of Civil Servants.
/ Civil Servants are people the Government pay to work on things like law and policy.
More about who should lead the review
Question number 8.
/ Tell us who you think would be good to be in charge of the review.
Write your answer in this box.
How should the review happen?
Question number 9.
/ Think about meetings or events where you were asked to give your views.
/ In the box on the next page tell us what you liked about the meetings.
/ Please also tell us what you did not like.
More about how should the review happen
/ If you have not been to a meeting like this before you can still tell us your ideas about good ways to involve people in the review.
Write your answer in this box.
Thank you for telling us what you think
/ The views of everyone who takes part in this consultation will be made into a report later this summer.
/ If you would like a copy of the report when it is finished write your name and address or email address in the box below.
Write your name and address in this box only if you would like a copy of the report.

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