Reflections from Scotland: Difficult Decisions Ahead

This article looks at recent developments in Scottish mental health and incapacity law. Whilst Scotland clearly leads the way in mental health and social care law reform in the UK, its incapacity legislation is under strain. Scotland is struggling with the implications of HL v UK which, because of problems with the Adults with Incapacity (Scotland) Act 2000, appear even more complex than in England and Wales. Scotland is consulting on new laws to protect vulnerable adults, but lags behind England and Wales in its use of appropriate adults when people with mental disorders are interviewed by the police