Providing care and treatment for the person with Acquired Brain Injury (ABI) may, on occasion, require the use of relevant legislation, especially in the context of significant cognitive, communicative, behavioural and psychological/psychiatric difficulties.
Please click on the links below for information relating to relevant Scottish legislation.
The Adults with Incapacity (Scotland) Act 2000
The Adult Support and Protection (Scotland) Act 2007
The Mental Health (Care and Treatment) (Scotland) Act 2003
All three Acts seek to ensure respect for the rights of the individual to make choices concerning their lives. All proceed on the basis that mental capacity is presumed unless there is strong evidence to the contrary. Capacity must be assessed on a decision-specific basis. Capacity must be regularly reassessed as in some it can fluctuate over time. Legal interventions are a last resort, must be least restrictive and must benefit the individual.