In Scotland, the legislation creates a framework to protect the rights of people with dementia:
The Human Rights Act 1998 (HRA) provides the UK with a legislative framework to implement the European Convention on the Human Rights (ECHR). People with dementia have the same civil and legal rights as everyone else. It means that public organisations, such as the government, councils and the police, must protect and abide by human rights. If human rights have been breached, cases can be taken to UK courts.
Adults with Incapacity (Scotland) Act (2000)
The Act defines Adults with Incapacity (AWI) as those adults (people aged 16 or over) who lack capacity to take some or all decisions for themselves because of a mental disorder or an inability to communicate . It provides a framework for safeguarding the welfare and finances of adults who may lack the capacity to make decisions, which encompasses four areas:
Mental Health (Care and Treatment) (Scotland) Act (2003) and 2015
The Mental Health Act sets out a framework for providing treatment to people with a mental disorder, including dementia, who need it but are not able or not willing to agree to the treatment. The Mental Welfare Commission for Scotland produces good practice guidance in response to what they see and hear about practical or ethical difficulties in applying mental health and incapacity law.
Adult Support and Protection (Scotland) Act (2007)
The act is designed to protect those adults who are unable to safeguard their own interests and are at risk of harm. The key principles of the act include ensuring that the present and past wishes of the adult (so far as they can be ascertained by any means of communication) are considered when determining if an intervention under the Act should be made.
Equality Act (2010)
The act makes it illegal for people to be treated less favourably because of their age, disability, gender, race, religion or belief and sexual orientation or transgender. The act defines disability as a physical or mental impairment that has a ‘substantial’ and ‘long-term’
negative effect on a person’s ability to do normal daily activities. According to this definition, mid–late stage dementia (where the symptoms are more severe) would falls within the scope of the Act ).
The Carers (Scotland) Act 2016 consolidates existing rights from other legislation, as well as protecting new rights for carers and young carers in law. The act is designed to support carers’ health and wellbeing and help make caring more sustainable.
The Community Care and Health (Scotland) Act 2002
The act provides local authorities with the duty to assess the community care needs of anyone that requests it, but also to deliver a package of care in order to meet those needs.
The Carers (Recognition and Services) Act 1995
The act ensures carers who are providing substantial amounts of care on a regular basis to an assessment of their needs and ability to care. Local authorities are required to take the results of this assessment into account when making decisions about services.
Community Care & Health (Scotland) Act 2002
Free personal and nursing care was introduced by the Community Care and Health (Scotland) Act 2002. Free personal care applies to people aged 65 or over who are assessed as needing personal care. Free nursing care applies to those of any age who need nursing care.
Regulation of Care (Scotland) Act 2001
The main aim of the Act is to improve standards of social care services and to conform to established standards. The Act creates the legal framework for the National Standards of Care in Scotland and for the Care Inspectorate who are a regulatory body for the registration and inspection all adult, child and independent health and social care services in Scotland.
NHS and Community Care Act 1990
Under the Act, social care departments were given the responsibility for community care for older people. These services would be geared to what the older person needed rather than what was actually available. These needs were learnt following a community care assessment. Home care, day care and respite care were to be developed to help people live in their own homes wherever possible.
The Public Bodies (Joint Working) (Scotland) Act 2014
The Act sets out a legal framework for integrating adult health and social care, to ensure a consistent provision of quality, sustainable care services for the increasing numbers of people in Scotland who need joined-up support and care, particularly people with multiple, complex, long-term conditions.
Social Work (Scotland) Act 1968
Under the Act, local authorities have a general duty to promote social welfare by making available advice, guidance and assistance to “persons in need”. The Act also creates a duty on local authorities to undertake an assessment of need for individuals who appear to have social care needs.