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About mental health law — Principles

If you are providing or receiving care and treatment under the Mental Health (Care & Treatment) (Scotland) Act, the law sets out principles that should shape decisions about that care and treatment. 

The principles of the Act are there to help people understand how the law should work in practice. They came out of consultation about what people thought was important to them, when they were being treated for a mental illness. The principles are also a set of guidelines for professionals, to help them make decisions that are in the spirit of the law.

The principles don't provide provide a person with legal rights in the same was as other parts of the Act, but you can use the principles as a guide for what a person should expect from the people providing care and treatment.

The principles say that whenever a professional involved is making a care and treatment decision he or she should:

  • take the past a present wishes of the individual into account
  • make sure the person gets the information and support he or she needs to take part in decisions
  • take the views of the person's carer, named person, guardian or welfare attorney into account
  • look at the full range of care and treatment options that a person may need
  • give treatment that is provides maximum benefit to the individual
  • take account of the person's background, beliefs and abilities
  • make sure that any restrictions on an individual's freedom should be the minimum necessary in the circumstances
  • make sure that individuals receiving care and treatment under the Act are not treated less favourably than other people
  • take the needs of carers into account and ensure that carers get the information and support they need
  • take special care of your welfare if you are under 18 years of age

The Scottish Government's booklet Putting Principles into Practice (.pdf) provides more information for service users and carers.

To access information resources, join discussions and find out about opportunities to learn more about putting the principles into practice you can join the Principles into Practice Network.