Current status: Answered by Maree Todd on 26 September 2024
To ask the Scottish Government what its position is on the Mental Health Tribunal for Scotland having a role in appointing a named person, and whether it plans to make reforms in this area.
We outlined our plans to reform and modernise mental health legislation in Scotland in our “Mental Health Capacity Reform: Delivery Plan” published in June 2024 (Mental Health and Capacity Reform: delivery plan October 2023 to April 2025 - gov.scot (www.gov.scot)).
The plan lists several actions under the priority of Mental Health Law reform. One of these is that we will consider whether the Mental Health Tribunal should have a role in appointing a named person and in what circumstances that provision might apply. Scoping work for this is well underway but further work is needed to inform that position.