Reflections this Mental Health Awareness Week
At The Donaldson Trust, we believe that neurodivergence, which is lifelong and fundamental to individuals’ identities, should be celebrated. Where neurodivergent people are appropriately supported, we know their experiences and perspectives can enrich the places where we all learn, work, and socialise. Every day we work to strengthen public understanding of neurodiversity and help to create communities where neurodivergent people are understood, accepted, treated fairly, and valued.
Unfortunately, neuro-inclusive practices are not yet universal. Neurodivergent people are not yet afforded the full range of opportunities and rights available to their neurotypical peers. We know that neurodivergent people are far more likely to experience mental ill-health at some point(s) in their life and, whilst few will require inpatient care, it is important that those who do are treated with dignity.
In that context, it is important that Scotland’s mental health and capacity law is reformed. This should include removal of the term ‘mental disorder’ from law and removal of autism and learning disability from the scope of the Mental Health Act. We do not believe it is morally justifiable that autistic people be described in this way in 2025 – or be covered by an Act in cases where they do not have serious mental ill-health.
The range of legislation in place in Scotland must be focused on enabling people to live life well, in their community, on their terms – not be influenced by outdated perceptions and focused on specific communities.
Though the Scottish Government has acknowledged the serious concerns of neurodivergent people (and many organisations like our own) on this issue, we remain concerned by the Scottish Mental Health Law (Scott) Review proposal to retain autism and learning disability within the scope of this Act.
This would mean autistic people and people with learning disabilities would remain subject to the legislation (uniquely so) even in cases where they do not have a mental health concern.
We are calling on the Scottish Government to:
- Remove references to ‘mental disorder’ from Scots Law
- Remove learning disability (understood, in law, to cover autism, too) from the scope of the Mental Health (Care and Treatment) (Scotland) Act 2003
- Utilise the forthcoming Learning Disabilities, Autism, and Neurodivergence Bill to guarantee a general right to independent advocacy for these communities, including in cases where individuals experience mental ill-health
- Advocates for inclusion in the definition of disorder will point to the rights autistic people and people with a learning disability have to advocacy in the 2003 Act as a reason to maintain the status quo
