The National Assistance Act 1948 (Section 47) applies to persons suffering from "grave chronic illness" which could include dementia and other forms of mental illness and offers a place of safety provision.
The Social Work (Scotland) Act 1968 requires Social Work Authorities to provide, guidance and assistance to people who are in need of care and attention arising out of infirmity or age or those suffering from illness or mental disorder.
The Chronically Sick and Disabled Persons Act 1970 obliges the local authority to provide certain services if a disabled person needs them.
The Race Relations Act 1976 makes it unlawful to discriminate on racial grounds in relation to the provision of goods, facilities or services.
The Disabled Person (Services, Consultation and Representation) Act 1986 provides a right of assessment for disabled people.
The Housing (Scotland) Act 1987 identifies certain homeless people who have a priority need for accommodation. Those who are vulnerable as a result of mental illness are included.
The NHS and Community Care Act 1990 (Section 55) amends the Social Work (Scotland) Act 1968 ("the 1968 Act") and confirms the right which certain persons will have to an assessment for services. This includes those with mental illness and learning disability and obliges local authorities to provide after-care to help relieve illness and to care for ill people.
The Carers (Recognition and Services) Act 1995 further amended section 12A of the 1968 Act and introduced a power for carers to request local authorities to carry out an assessment of carers' ability to provide and to continue to provide care. This right applies where the needs of the person being cared for have already been assessed. It has particular significance to carers of mentally disordered people.
The Disability Discrimination Act 1995 introduces measures aimed at ending the discrimination experienced by many disabled people. It covers those with mental impairment where that impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day to day activities. It makes unlawful discriminatory treatment in relation to employment, the provision of goods, facilities, and services and the selling, letting or managing of land or premises.
The Criminal Procedure (Scotland) Act 1995, among other things, makes provisions for the court to make non-custodial orders for mentally disordered offenders. This can include intervention and guardianship orders under the Adults with Incapacity (Scotland) Act 2000. The Mental Health (Care and Treatment) (Scotland) Act 2003 amends the provisions in relation to assessment and disposal of cases in relation to mentally disordered offenders.
The Children (Scotland) Act 1995 provides provisions in relation to the care and protection of children and a duty to provide children's services. The Act makes different provisions for different ages.
The Human Rights Act 1998 has particular implications for public authorities making it unlawful for a public authority to act in a way that is incompatible with any of the Convention rights.
The Adults with Incapacity (Scotland) Act 2000 provides a broad legislative framework for protecting the welfare, property, finance and health of adults who lack capacity because of mental disorder or physical disability.
The Regulation of Care (Scotland) Act 2001 established the Commission for the Regulation of Care and The Scottish Social Services Council.
The Community Care and Health (Scotland) Act 2002 makes provision for a range of measures designed to meet the care needs of Scotland's older population as well as others. Its main provisions are: free personal and nursing care for older people; and carers' right to an independent assessment on their ability to provide care. It gives a legislative framework for enhanced joint working between the NHS and local authorities.
Policy and Guidance (by date order)
Care Programme Approach (1992) provides revised guidance on joint arrangements for implementing the Care Programme Approach; an intensive form of discharge and continuing care management for those in greatest need.
Community Care: The Housing Dimension (1994) confirms a housing department's obligation to community care client groups, including mentally disordered people.
Children and Young Persons with Special Educational Needs: Access and Recording (1996). Future needs assessments for young people with learning disability, whereby the local authority must assess the needs of the learning disabled child.
A Framework for Mental Health Services in Scotland (1997, as amended) provides a comprehensive template for the organisation of co-ordinated mental health care and services, including a service profile section on services for mentally disordered offenders.
Interviewing People who are Mentally Disordered: Appropriate Adult Schemes (1998) introduced schemes across Scotland to cover all instances where the police have occasion to interview a person who appears to have a mental disorder. An "appropriate adult" will be provided to assist communication.
Health, Social Work and Related Services for Mentally Disordered Offenders in Scotland (1999) set an overall policy to co-ordinate care, support and accommodation services for mentally disordered offenders.
Joint Future (Community Care: A Joint Future) (2000) gave guidance to improve partnership working between agencies and to secure better outcomes for people who use services and their carers. Joint resourcing, joint management and single shared assessments for people with mental health problems to be introduced by April 2004.
The same as you? (2000) reported on services for people with learning disability and introduced key recommendations for health and local authorities with timescales, such as closing all long-stay hospitals for people with learning disability by 2005.
Our National Health: a plan for action, a plan for change (2000) states national priorities; reaffirmed the review of mental health legislation and made a commitment to publish the Mentally Disordered Offenders Care Pathway Document.
Services, Care, Support and Accommodation for Mentally Disordered Offenders in Scotland: Care Pathway Document (2001) describes what needs to be in place where, when and provided by which agency in terms of organising safe care, support and accommodation for mentally disordered offenders.
Partnership for Care (2003) and Primary Care Modernisation (2003) provide a key role for primary care in the planning and delivery of mental health services.