Scottish Public Affairs Update - June 2024

BPS General Election Manifesto – Psychology Matters

The BPS 2024 General Election Manifesto calls on all political parties to ensure that their policies are developed and delivered using a psychological approach, which places people first. 

Our manifesto outlines five key areas of priority alongside evidence-based recommendations that we believe should form part of the new government's agenda:

1. Prevention and early intervention in health, social care and education 
2. Prioritising the needs of our children and young people 
3. A psychology workforce for the future
4. Caring for our carers – supporting our health and social care workforce 
5. Supporting equality

The manifesto has been sent to a number of policy and political stakeholders and BPS will be writing to all new MPs when they are in place.

At the time of writing, the Conservatives, Green Party, Labour and the Liberal Democrats have launched their manifestos, with the SNP still to publish.

Scottish Government

Mental Health and Capacity Reform Programme

The Scottish Government has published the initial Delivery Plan for its Mental Health & Capacity Reform Programme, setting out actions underway or planned up to April 2025. It includes an action to formally establish the Programme, with the Programme approach to be established by Autumn 2024 and covering governance structures and mechanisms for monitoring and reporting on progress.

The delivery plan details the objectives, actions and milestones for each of the Programme's three strategic aims, outlined below:

1, Law Reform: to strengthen human rights protections in mental health and capacity law. Areas include:

• Adults with Incapacity Law Reform; 
• The scope and definition of "mental disorder";
• Exploring moving from Advance Statements to an Advance Choices model; 
• Working to extend recorded matters to forensic orders;
• Considering issues around Emergency Detention Certificates (EDCs) under the Mental Health Act;
• Reviewing public protection processes for 16 and 17 year olds, from a child's rights perspective (strengths and challenges of overlapping age criteria with Adult Support and Protection legislation and Child Protection Guidance).

2. Improving Support: to further embed a human rights based approach within services and wider systems of support. Areas include:

• Reviewing existing practices, to assess current effective supported decision-making approaches;
• Enhancing independent advocacy, including for children and young p00e00ople and those with learning disability;
• Supporting health and social care workforces to understand and apply right-based approaches in practice (including GIRFE);
• Improving understanding of and support for the role and rights of carers, including workforce training;
• Reducing the use of coercion and restrictive practices such as seclusion and restraint, including improved data collection and monitoring.

3. Strengthening Accountability: to ensure that there are strong systems of accountability for upholding human rights. Areas include:

• Considering the SMHLR recommendations in relation to strengthening accountability alongside the findings and recommendations from the Mental Health Scrutiny and Assurance Review and the Independent Review of Inspection, Scrutiny and Regulation led by Dame Sue Bruce.
• Promoting the Equality Act and UNCRPD duties to collect data on protected characteristics, including Public Health Scotland publishing additional equalities variables from the CAMHS and PT National Dataset (CAPTND). PHS will quality assure equalities data by March 2025 and also publish patient journey and outcomes data broken down by equalities in 2025.

The BPS will continue to engage with the Scottish Government as work progresses.

Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan Implementation

BPS will keep members updated on our engagement with the Scottish Government and wider stakeholders as the various strands of work outlined in the Mental Health and Wellbeing Delivery Plan and Mental Health Workforce Action Plan are implemented. 

Scottish Parliament

Please note: the Scottish Parliament will be in recess from 29 June to 1 September 2024.

Health, Social Care and Sport Committee seeks views on Assisted Dying for Terminally Ill Adults (Scotland) Bill 

The lead committee for Liam McArthur MSP's Member's Bill has issued a call for views. The Bill would allow terminally ill adults (16 and over) in Scotland who meet specific eligibility criteria to voluntarily and lawfully request – and be provided with – assistance by health professionals to end their own life. The Bill includes proposed safeguards for health professionals.

To inform the BPS response, please send your views to [email protected] by 31 July 2024.

Education, Children and Young People Committee warns of "intolerable" situation for children and young people with additional support needs

The committee issued a news release, unanimously agreeing that the policy behind mainstreaming is the best route forward, however its inquiry found that the Scottish Government and local authorities are failing to implement it properly.

The Committee makes several recommendations including reviewing placing requests, undertaking research on the prevalence and impact of masking, and urgently addressing gaps in specialist provision.

Education (Scotland) Bill introduced

The Bill establishes a new body called Qualifications Scotland (replacing the SQA) and a new office, His Majesty's Chief Inspector of Education in Scotland. 

The BPS will monitor developments. 

National Care Service (Scotland) Bill at Stage 2

The Bill is currently at Stage 2 (amendments). Significant changes to the Bill at this stage will reflect the government's plans for:

• Local Authorities to retain responsibility for all current functions and the delivery of social work and social care services and there will be no transfer of staff or assets. 
• Reforming Integration Authorities (IAs) rather than creating new Care Boards
• The establishment of a National Care Service Board

The BPS will keep members updated as the Bill progresses. 

Victims, Witnesses and Justice Reform (Scotland) Bill

The Bill is at Stage 2 (amendments). As flagged in our April Scottish Public Affairs Update, BPS received mention in the Scottish Parliament's Criminal Justice Committee's Stage 1 report on the Bill (p136), in relation to the Bill's proposal to provide automatic statutory protection for the anonymity of complainers in sexual and related offence cases.

The BPS will continue to monitor developments as the Bill progresses. 

Right to Addiction Recovery (Scotland) Bill

Douglas Ross MSP's Member's Bill seeks to establish a right in law to treatment for addiction for anyone in Scotland who is addicted to either alcohol, or drugs or both. 

The treatment must be made available to them within three weeks of the treatment determination being made. If the health professional thinks that no treatment is appropriate, or that the treatment which the person wants is not appropriate, then the health professional must tell the person in writing why they think this. If the person does not agree with the health professional's decision, they can get a second opinion from a different health professional.

The Bill is at Stage 1 (general principles). The BPS will monitor developments.

Consultations

Open Consultations

As mentioned above, the Health, Social Care and Sport Committee has issued a call for views  on the Assisted Dying Bill. 

To inform the BPS response, please send your views to [email protected] by 31 July 2024

Closed consultations

BPS responded to the Scottish Government consultation on the details of proposed regulations to restrict the promotions of food and drink high in fat, sugar or salt (HFSS) at the point of purchase, both in-store and online.

To view all open and closed consultations, visit: Consultations and briefings | BPS

Contact

To find out more about our policy and public affairs work in Scotland, view the Scottish Public Affairs Updates on our website or contact June Deasy, Senior Public Affairs Adviser in Scotland ([email protected])