6. To ask the Scottish Government what assessment it has made of the impact of the Scottish mental health law review on the legal status of autistic people in relation to treatment and involuntary detention. (S6O-02693)

The Scottish mental health law review recommended making changes to the Mental Health (Care and Treatment) (Scotland) Act 2003 while retaining provisions that cover non-consensual care and treatment. As part of our mental health and capacity reform programme, we will work with partners to consider those proposals, and, in particular, the definition of mental disorder, to reach a position on who should be within the scope of the 2003 act. That work will be undertaken alongside the development of the proposed learning disability, autism and neurodivergence bill, which would enhance and protect the rights of people with learning disabilities, autistic people and neurodivergent people.

The Minister will be aware that the current definition of mental disorder that is outlined in the

2003 act incorporates autistic people. Although the Scottish Government’s commitment to work with partners on definitions in this space is welcome, the Scottish mental health law review’s recommendation that autistic people should continue to fall within the scope of the 2003 act is not.

Given that autism is a lifelong neurodevelopmental difference, and not a mental health condition, does the minister agree that autism must be removed from the scope of the 2003 act as part of the promised reforms? Will she commit to working with partners to deliver that much-needed change?

The issue of the definition of mental disorder under the

2003 act is complex and sensitive. I absolutely recognise the concerns of many people with a learning disability, autistic people and organisations that advocate for them or on behalf of them.

I can confirm that scoping work has already started in the mental health and capacity reform programme to consider that issue, and that includes plans to engage with stakeholders. It is too early in the programme to establish whether autism should remain in the scope of the definition. Significant work is needed to inform that position.