Scottish Public Affairs Update – July 2023

Scottish Government

Mental Health and Wellbeing Strategy published

On 29 June, the Scottish Government launched its Mental Health and Wellbeing Strategy.

The Strategy focuses on the "3Ps" – Prevent, Provide, Promote – promoting positive mental health and wellbeing; preventing mental health issues occurring and escalating; and providing the best quality mental health and wellbeing support and care.

BPS has responded to previous drafts of the Strategy and issued this article on the day of launch: BPS welcomes publication of major mental health strategy in Scotland.

We welcomed the Strategy's emphasis on early intervention and prevention; tackling stigma and discrimination; taking a whole-person, trauma-informed approach to treatment; and making mental health and wellbeing a cross-government priority. We also welcomed the priority given to early investment in CAMHS and psychological therapies; improved support for those in the forensic mental health system; and the wider aim of having a workforce which is 'diverse, skilled, supported and sustainable'.

BPS will continue to inform the Scottish Government's work on developing the Strategy's associated Delivery Plan and Workforce Action Plan. We sit on the Scottish Government Mental Health and Wellbeing Workforce Advisory Group, which advises the government on the development of the Workforce Action Plan.

Suicide prevention action plan: 2023 to 2024 priorities

The Scottish Government (with COSLA) has published its priorities for year one (2023 to 2024) in its action plan for the Creating Hope Together: suicide prevention strategy 2022 to 2032.

Year one priorities include:

• Making the strongest connections possible with policies which address the social determinants of suicide, such as poverty and homelessness.
• Building on the Time Space Compassion approach, to keep improving the way people are supported and cared for when they are suicidal. SG will focus its work in primary care, unscheduled care, and community settings.
• Building more understanding of suicide risk and behaviour amongst children and young people, and use that to improve responses
• Developing an online portal which hosts information and advice on suicide, to help people who may be suicidal and anyone worried for someone, as well as professionals
• Rolling out suicide reviews and improving data to help redesign the way support is given to people who are suicidal - ensuring that support is both timely and effective
• Using different mediums, such as sport and social media, to tackle stigma and create ways for people to talk safely about suicide
• Continuing to put lived experience at the heart of its work, via its lived experience panel, youth advisory group, and local groups.

Alongside these priorities, the Scottish Government will continue to deliver the previous suicide prevention action plan, which includes rolling out bereavement support for families bereaved by suicide.

The Scottish Government has also published its new suicide prevention outcomes framework, underpinning the strategy: suicide prevention strategy outcomes framework.

Scottish Mental Health Law Review: Scottish Government response

On 28 June, the Scottish Government responded to the Independent Review of mental health, capacity, adult support and protection legislation chaired by Lord John Scott KC:  Scottish Government response to mental health law review

The government provided a high-level response to the Review's conclusions and recommendations and set out its intended approach to delivery. The response forms the start of a process of broader engagement to develop the programme over the coming months and beyond. Key areas of focus include:

Adults with Incapacity Law reform:

• To work towards addressing long-standing gaps in the law, to ensure stronger rights protections and safeguards, including looking at updating powers of attorney, and the section 47 Certificate scheme.
• To consider making small but significant amendments to the process of Guardianship, which may lead to more wide-ranging changes in the future.

Supporting decision-making:

• Review and build on existing practices, working with partners, to develop and deliver effective supported decision-making approaches

Mental Health Law reform:

• Undertake cross-government work to ensure that domestic human rights laws in Scotland effectively protect the specific rights of people with disabilities, those with mental illness, and people who lack capacity.
• Develop proposed legislation to enhance and protect the rights of people with a learning disability, autistic people, and people with other neurodivergent conditions.
• Consider whether short-term changes can be made to improve the current operation of the Mental Health Act, and strengthen safeguards when non-consensual care or treatment is necessary.

Reducing coercion across the system:

• Scope a programme of work with the aim of reducing the use of coercion and restrictive practices, such as seclusion and restraint.

Strengthening accountability and scrutiny in the mental health system:

• Consider the Law Review's recommendations in relation to strengthening accountability, alongside findings and recommendations from the Mental Health Scrutiny and Assurance Review due to be published in Summer 2023, and the Independent Review of Inspection, Scrutiny and Regulation due in September 2023.

BPS will continue to engage with the Scottish Government as it takes its reform proposals forward and keep members updated on developments. 

Delivery of Psychological Treatments and Interventions: National Specification and Quality Standards for Adult Secondary Mental Services

Both are expected to be introduced late summer 2023 and we will keep members posted on developments. In its discussions with the Sottish Government, BPS has emphasised the need for more quantitative data; and that current challenges around IT and staff wellbeing will need to be prioritised in order for services to meet the specification/standards.

Scottish Government publishes updated factsheet on Adverse Childhood Experiences and Trauma

The Scottish Government has published an updated factsheet on its work to prevent and reduce the negative impact of childhood adversity and trauma: Adverse Childhood Experiences (ACEs) and Trauma - gov.scot (www.gov.scot)

Its ambition, shared with COSLA, is for a trauma-informed and trauma-responsive workforce across Scotland, ensuring that services and care are delivered in ways that are informed by people with lived experience and recognises the importance of wellbeing in the workforce.

The factsheet states that Scotland was one of the first countries in the world to publish a knowledge and skills framework for psychological trauma, developed by NES. It also references its Quality Improvement Framework for Trauma-Informed Systems, Services and Workforces, which is currently under development and scheduled for publication in 2023.

The long-term delivery plan for the National Trauma Training Programme is also due for publication, which will set out the training and implementation support the Scottish Government and partners will provide to help embed and sustain trauma-informed workforces, services and care. This will include a continued focus on supporting delivery of The Promise.

Open consultations

Scottish Government Chronic Pain Framework

The Scottish Government has extended the deadline for feedback on its Pain management - service delivery framework: implementation plan, as it fulfils its commitment to review and update for re-publication in autumn.

They are seeking views on what the next areas of focus should be in year 2 of the Implementation Plan and how to improve delivery, in each of the four framework aims (Person centred care; Access to care; Safe, effective support to live well with chronic pain; and Improving services and care). They are also seeking feedback on how they might improve opportunities to be involved in relation to the governance framework and delivery of the implementation plan.

Member views would be most welcome as we consider responding. Please contact [email protected] by 17 August 2023.

Recent BPS consultation responses

Review of National Outcomes, call for evidence

BPS responded to the Scottish Government's review of its 11 National Outcomes (Review of National Outcomes Call for Evidence). Our BPS response to Scottish Government Review of National Outcomes asks for the Health Outcome to include explicit mention of mental as well as physical health.

Analysis of the feedback is on-going, following which the Scottish Government will use the findings to shape what the revised National Outcomes (and wider National Performance Framework) could look like.

Scottish Parliament

The National Care Service Scotland Bill

As mentioned in our last update, Stage 1 (general principles) completion of the National Care Service (Scotland) Bill has been pushed back from June 2023 until after Summer recess (4 September onwards). The Scottish Government will be holding a series of regional Forums, providing an opportunity for Ministers and officials to engage directly with people with lived experience of accessing and delivering social care support locally.

If you would like to get involved in any aspect of this work on behalf of BPS, please contact [email protected]

Learning Disability, Autism and Neurodiversity Bill

This Bill is expected to be introduced to the Scottish Parliament in late 2023. Feedback from the Scottish Government's scoping work on the Bill included:

• No consensus on the desirability of a Learning Disability, Autism and Neurodiversity Commission or Commissioner.
• The Bill should cover as wide a range of neurodivergent presentations as possible, including those without formal diagnoses.
• Ensuring provision of support in employment, education, and healthcare settings, including mental healthcare, was also often mentioned.
• Consistent and high quality support for transitions between settings and life stages was sometimes identified as desirable.

The Scottish Government is currently in the process of preparing the public consultation on the Bill, to launch later this year; which will be followed by work to draft the content of the Bill. It is considering definitions and who this Bill should be for; the potential role for a Commission /Commissioner; and assessing where there are gaps in the attainment of rights and in the provision of rights.

BPS will keep members posted on developments.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (Reconsideration)

On 27 June, Scottish Government social justice secretary Shirley-Anne Somerville delivered a statement to the Scottish Parliament on the reconsideration of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill. She confirmed that Scotland will be unable to fully incorporate UNCRC into law, with the bill being significantly narrowed to only cover post-devolution legislation, i.e. since the Scottish Parliament convened in 1999. The decision was made to minimise the risk of a further referral to the Supreme Court. She hopes to present any amendments to the bill to Parliament "as soon as possible after the summer recess".

The Scottish Parliament is now in summer recess, returning 4 September 2023. 

Get in touch

For further information on any of the above, or to discuss wider BPS public affairs and policy work in Scotland, please contact [email protected].