Mental health

Mental health challenges and difficulties can affect somebody's ability to keep themselves safe. The resources in this section explicitly look at the role of mental health in adult support and protection, including the intersection between the Adult Support and Protection (Scotland) Act 2007 and the The Mental Health (Care and Treatment) (Scotland) Act 2003.

Comparison of the Adult Support and Protection (Scotland) Act 2007 (ASP) with the Adults with Incapacity (Scotland) Act 2000 (AWI) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT)

This document contains several tables, each of which provides short extracts from the Acts for comparison purposes. These include:

  • Who is subject to the provisions of the ASP, AWI and MHCT Acts
  • A short overview of Orders, Warrants and Certificates
  • The principles
  • Duty to investigate / inquire
  • Duty to co-operate
  • Entry to premises / visits
  • Medical assessment/examination/treatment
  • Examination of records
  • Banning orders / interdicts
  • Urgent action
  • Financial interventions
Cover of comparison report

The right to advocacy: A review of how health and social care partnerships, local authorities and NHS boards are discharging their responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003

The Mental Health (Care and Treatment) (Scotland) Act 2003 imposed a duty on local authorities and health boards to collaborate to ensure the availability of independent advocacy services in their area. The Act gave everyone with mental illness, learning disability, dementia and related conditions the right to access independent advocacy support.

Cover of report

Mental health and trauma-informed practice: Companion document

This document supports all those in the workforce who are working with people affected by mental health difficulties. It aims to strengthen awareness and understanding of trauma-informed practice. The document provides context, key messages and practice-focused reflective questions to help people work in a trauma-informed way that recognises the nature, prevalence and impact of poor mental health and experiences of trauma.

Cover image of companion document

The ASPire Hub is a place for everyone working in Adult Support and Protection in Scotland to access and share resources. It is regularly updated and we welcome feedback and new additions!