The Mental Health (Care and Treatment) (Scotland) Act states that any person with a mental health disorder has a right to access independent advocacy. It places a duty on NHS Boards and Local Authorities to make sure that anyone with a mental disorder can access independent advocacy and to take appropriate steps to ensure that those persons have the opportunity to making use of those services.

The Act is unique to Scotland and shows a commitment to advocacy provision. The Code of Practice for people with legal duties under the Act gives guidance on accessing advocacy.

Resources and Websites

Information booklets on a variety of topics relating to the Mental Health Act can be downloaded from the Scottish Govenment's website:

- An Introduction to the Mental Health Act 2003

- The New MHA - A Short Introduction (Also available in community language translations.)

- The New MHA - What's it all about? An Easy Read Guide

- A Guide to Named Persons

- A Guide to Advance Statements

- A Guide for People Involved in Criminal Justice Proceedings

- A Guide to Compulsory Treatment Orders

- A Guide to Consent to Treatment

- A Guide to Emergency and Short Term Powers

- A Guide to The Role of the Mental Welfare Commission

- A Guide to The Role and Duties of NHS Boards and Local Authorities

- A Guide to Independent Advocacy

Training materials for Mental Health Officers are also available on the Scottish Government's site.

The new Mental Health Act: an easy read guide, is also available, for a free copy please contact enquiry@siaa.org.uk.  

Mental Welfare Commission

The MWC website is regularly updated and covers various topics related to the act.  They have also produced a series of booklets including:

- Who we are and What we do: our role in Scotland

- Welfare Guardianship

- Visiting People: When and Why we want to meet you

Mental Health Tribunal Scotland

The Mental Health Tribunal Scotland Website includes information on panel members and training.

NHS Education Scotland

Website devoted to the Act. There is a forum dedicated to discussing the implementation of the new Act, as well as an e-learning course.