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 cognitivecommunicativebehavioural 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

Common Law

 

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.