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Chapter 3 - Legislative Framework

Scottish Legislation - The Mental Health Act Continued

The care and treatment that will be of most benefit

This should be reflected in a care plan. In addition the Act puts in place safeguards when consent to treatment has not been given.

Individual abilities and background

Important things about you such as your age, gender, sexual orientation, religion, racial origin or membership of any ethnic group should be taken into account by people providing care and treatment.


People giving you care should also make sure that:

Any restrictions on a person's freedom are the least necessary

The person being treated under the act shouldn't be treated any less favourably than anyone else being treated for a mental illness, or other mental disorder

Carer's needs are taken into account

The person being treated is getting services that are right for them

When a person is no longer receiving compulsory treatment, he or she should still continue to get care and treatment if it is needed

If the person being treated is under 18, his or her welfare is of the highest priority

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