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WHAT DO WE WANT?
All we want is a day when:
- People are offered the full array of services
- in adequate duration, intensity, and quality
- by people who believe they can achieve full recovery.
Provide accurate information and let them choose. (And, change their mind.)
Proposal: Right to Recovery (Scotland) Bill
- Enshrining the Right to Seek Treatment :The Bill enshrines in law the right to seek treatment and requires that all appropriate treatment options available in the country are laid out.
- Judicial Challenge for Breached Care Plans: If a care plan is breached without consent or a treatment option is refused (with written reasons), individuals can seek advice to raise a judicial challenge.
- Existing Legal Obligations The Scottish Government states that people already have rights to healthcare that meets their needs, but there are no legal obligations beyond the general duties outlined in the National Health Service (Scotland) Act 1978 and Public Health (Scotland) Act 2008.
- Lack of Treatment Choice Equality There is not a level playing field across the country regarding treatment choice, creating a “postcode lottery” for individuals seeking treatment.
- Contrasting Approach to Children’s Rights The Scottish Government’s approach to children’s rights, such as the UNCRC rights of child bill, differs from the approach to the recovery community, highlighting an inconsistency.
- Highest Protection for Children’s Rights The Bill aims to deliver the highest protection for children’s rights and a rights-respecting approach to Scotland’s recovery from the pandemic.
- Need for Treatment Rights for the Recovery Community While child rights are already broad and all-encompassing in Scotland, the same cannot be said for the recovery community. The Right to Recovery Bill seeks to establish treatment rights for individuals with addiction issues.
- Treatment Options and Care Plans The Right to Recovery Bill enshrines in law the right to seek treatment and requires that all appropriate treatment options are laid out. A care plan will be formed in collaboration with the individual and their allocated worker.
- Legal Challenge for Breached Care Plans If a care plan is breached without apparent reason or consent, or if a treatment option is refused (with written reasons), individuals can seek advice to raise a judicial challenge, similar to homeless applicants refused accommodation Government’s
- Perspective on Existing Rights The Scottish Government argues that people already have rights to healthcare that meets their needs, but there is no legal obligation beyond the general duties outlined in existing acts.
- Implementation of the National Health Service Act Section 1 and 1A of the National Health Service (Scotland) Act 1978 outline the general duty of the Scottish Ministers to promote a free, comprehensive, and integrated health service. The Act permits the Scottish Ministers to take actions to discharge this duty..
- Statutory Duty for Substance Misuse Rights The proposed amendment to the 1978 Act seeks to transfer the rights of people with substance misuse issues from a general duty to a statutory duty.
- Individual Holistic Care Plans In performing the duty, the Scottish Ministers will be required to introduce a scheme that enables individuals to access an individual holistic care plan aligned with the “Orange Book – Drug misuse and Dependence: UK guidelines on clinical management.”
- Treatment Services and Care Plan Assessments The Bill would provide a statutory right to addiction and recovery treatment services, including various options such as residential rehabilitation, detoxification, stabilisation services, and substitute prescribing. The Scottish Ministers must make provisions for care plan assessments and the professionals responsible for conducting them.
- Code of Guidance for Drug Treatment The Scottish Ministers must provide a Code of Guidance for Drug Treatment in Scotland, aligning with the UK guidelines on clinical management. The Code should be regularly reviewed and amended as needed.
- Independent Regulatory Body The Scottish Ministers should commission an independent regulatory body to monitor the performance of duties and guidance to ensure accountability among all partners.
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Myth Busting:
- Safe Consumption Rooms The proposed Bill is not against Safe Consumption Rooms and would include all agreed treatment-based interventions.
- Future Inclusion of Safe Consumption Rooms If Safe Consumption Rooms are not initially classified as a treatment option, a separate piece of legislation could be proposed to address their inclusion.
- Focus on All Available Treatment Options The proposed Bill is about providing access to all available treatment options for individuals seeking treatment, regardless of the approach (abstinence or harm reduction).
- Implementation of the Proposed Bill The proposed Bill would give individuals the legal right to form a person-centered care plan of their choice. Disagreements could be addressed through written explanations and potential legal challenges.
- Inclusion of Family Services The proposed care plan should include services for the children and families of the person seeking treatment to protect parental rights and maintain family unity.
- Timeframe for Care Plan Assessments The Scottish Ministers should establish a reasonable timeframe for assessing care plans and outline the role of professionals involved in the process.
- Legal Aid and Costs Legal aid may be available for those raising legal challenges, and costs would not necessarily come out of individual provider budgets.
- Collaboration and Therapeutic Relationships The proposed Bill aims to foster collaboration and therapeutic relationships between service users and providers, similar to other sectors such as homelessness, mental health, and children’s services.
- Relationship with Equality Act 2010 The proposed Bill does not replace or undermine the Equality Act 2010 but adds additional rights specific to individuals seeking treatment for addiction.
- Consolidating Rights in Law The proposed Bill consolidates and underpins existing rights in law, ensuring that individuals seeking treatment have legal rights and protections.
- Disempowerment and Power Imbalance The proposed Bill aims to address power imbalances by giving individuals seeking treatment legal rights and the ability to challenge negative decisions if warranted.
- Remedies for Breached Statutory Duty Legal remedies, including civil litigation and judicial review, would be available if a breach of statutory duty occurs.
- Costs and Legal Challenges Legal challenges would incur costs, but the proposed Bill provides a more cost-effective route through judicial review compared to other legal options.
- Exemptions and Decriminalisation The proposed Bill does not address decriminalisation as it falls outside the scope of the NHS (Scotland) Act, but the exemption of addiction from the protections of the Equality Act 2010 is acknowledged. Right to Treatment vs. Decriminalisation The proposed Bill focuses on the right to treatment rather than decriminalisation, as it falls outside it’s scope and competence.
- Extending Rights to Anyone Seeking Treatment The proposed Bill extends the rights to treatment to anyone seeking it, regardless of whether they have a recognized impairment under the Equality Act.
- Cross-Party Consensus and Public Health Priorities The proposed Bill does not threaten cross-party consensus but aims to underpin existing strategies and policies with legally enforceable rights.
- Opposition to Treatment Choice The proposed Bill does not disempower individuals but gives them the power to choose their treatment options and challenge negative decisions if necessary.
- Impact on Relationship between Service User and Worker The proposed Bill does not damage the service user-worker relationship but aims to balance power and foster better relationships through legal rights.
- Negotiating MAT Standards and Treatment Choice The proposed Bill does not eliminate negotiated standards but ensures that all available treatment options are considered, including those outlined in the MAT Standards.
- Legal Clarity and Remedies for Breach The proposed Bill provides a legal basis for remedies in case of a breach of statutory duty, with options for civil litigation and judicial review.
- Costs and Budget Allocation Legal costs would be allocated separately and would not necessarily come out of treatment budgets. Legal aid may be available for those raising legal challenges.
- Popularity and Boldness of the Proposed Bill The proposed Bill is considered bold and necessary to establish legally enforceable rights for people seeking treatment, building on existing consensus and strategies.
- Right to Treatment vs. Decriminalisation The proposed Bill focuses on establishing the right to treatment rather than decriminalization, which falls outside its scope.
- Access to Treatment and Care Planning The proposed Bill does not enable immediate access to treatment but ensures that individuals’ treatment needs are considered in a person-centered care plan.
- Legal Clarity and Funding Equality The proposed Bill addresses the lack of funding equality in the treatment system by underpinning the right to treatment in law.
- Therapeutic Relationships and Legal Rights The proposed Bill aims to empower individuals and foster therapeutic relationships by providing legal rights and recourse in case of breach.
- Addressing Disempowerment and Stigmatisation The proposed Bill aims to address the disempowerment and stigmatization of people with addiction issues by establishing legally enforceable rights to treatment.
- Need for Broader Treatment Options The proposed Bill ensures that all appropriate treatment options are considered, promoting diversity and quality in Scotland’s treatment system.
- Legal Rights and Balancing Power The proposed Bill aims to shift the balance of power toward individuals seeking treatment by providing legally enforceable rights and the ability to challenge negative decisions.
- Concerns about Cross-Party Consensus The concerns about the proposed Bill threatening cross-party consensus are addressed by emphasizing that the content can be agreed upon once the principle of the right to treatment is established.
- Disempowerment and Veto Power The proposed Bill aims to prevent others from exercising veto power over an individual’s treatment choice without their consent or valid reasons.
- Addressing Disempowerment in Therapeutic Relationships The proposed Bill does not disempower individuals but empowers them by providing legal rights and avenues for challenge, fostering better relationships between service users and providers.
- Need for Legal Clarity and Remedies The proposed Bill ensures legal clarity and provides remedies in case of breach, offering a more cost-effective route through judicial review compared to other legal options.
- Inclusion of All People Seeking Treatment The proposed Bill extends rights to all individuals seeking treatment, ensuring that no one is excluded based on their addiction status.
- The Proposal’s Impact on Power Dynamics The proposed Bill aims to address power imbalances by giving individuals legal rights and fostering collaboration and therapeutic relationships.
- Right to Treatment vs. Decriminalisation The proposed Bill focuses on the right to treatment rather than decriminalization, which falls outside its scope and competence.
- Ensuring Rights and Protecting Marginalized Groups The proposed Bill aims to ensure rights for people with addiction issues, acknowledging the existing stigmatization and marginalization they face.
- Coexistence of the Proposed Bill and Equality Act The proposed Bill does not replace or contradict the Equality Act but extends additional rights specific to individuals seeking treatment for addiction.
- Consolidating and Strengthening Rights The proposed Bill consolidates and strengthens existing rights by providing legal underpinning and protection for individuals seeking treatment.
- Remedies and Legal Challenges Legal remedies, including civil litigation and judicial review, would be available in case of breach, ensuring accountability and recourse for individuals.
- Costs and Legal Aid Legal costs would be separated from treatment budgets, and legal aid may be available for individuals raising legal challenges.
- Addressing Disparities in Treatment Choice The proposed Bill aims to address disparities in treatment choice by underpinning the right to treatment in law, ensuring equal funding for local authorities and NHS health boards.
- Balancing Power and Strengthening Relationships The proposed Bill aims to balance power dynamics and foster stronger relationships between service users and providers through legal rights and protections.
- Disempowerment and Discrimination Exemption The proposed Bill acknowledges that addiction is currently exempt from the protections of the Equality Act and aims to provide specific rights for individuals seeking treatment.
- Extending Rights to All Seeking Treatment The proposed Bill extends rights to anyone seeking treatment, not limited to those with recognized impairments under the Equality Act.
- Underpinning Strategies and Policies The proposed Bill aims to underpin existing strategies and policies with legally enforceable rights, ensuring accountability and protection for individuals.
- Empowerment and Challenging Negative Decisions The proposed Bill empowers individuals by providing legal rights and the ability to challenge negative decisions, fostering collaboration and therapeutic relationships.
- Impact on Service User-Worker Relationship The proposed Bill does not damage the service user-worker relationship but aims to balance power dynamics and foster better relationships through legal rights.
- Negotiating MAT Standards and Treatment Choice The proposed Bill does not eliminate negotiated standards but ensures consideration of all available treatment options outlined in the MAT Standards.
- Legal Clarity and Remedies for Breach The proposed Bill provides legal clarity and remedies in case of breach, offering a more accessible and cost-effective route through judicial review.
- Costs and Budget Allocation Legal costs would be allocated separately, and legal aid may be available for those raising legal challenges, ensuring fair access to justice.
- Boldness and Necessity of the Proposed Bill The proposed Bill is considered bold and necessary to establish legally enforceable rights and protections for people seeking treatment, building on existing consensus and strategies.
- Right to Treatment vs. Decriminalisation The proposed Bill focuses on the right to treatment rather than decriminalisation, as it falls outside its scope and competence.
- Access to Treatment and Person-Centered Care The proposed Bill does not enable immediate access to treatment but ensures that individuals’ treatment needs are considered in a person-centered care plan.
- Legal Clarity and Funding Equality The proposed Bill addresses the lack of funding equality in the treatment system by underpinning the right to treatment in law.
- Therapeutic Relationships and Legal Rights The proposed Bill aims to empower individuals and foster therapeutic relationships by providing legal rights and recourse in case of breach.
- Addressing Disempowerment and Stigmatisation The proposed Bill aims to address the disempowerment and stigmatization of people with addiction issues by establishing legally enforceable rights to treatment.
- Need for Broader Treatment Options The proposed Bill ensures that all appropriate treatment options are considered, promoting diversity and quality in Scotland’s treatment system.
- Legal Rights and Balancing Power The proposed Bill aims to shift the balance of power toward individuals seeking treatment by providing legally enforceable rights and the ability to challenge negative decisions.
- Concerns about Cross-Party Consensus The concerns about the proposed Bill threatening cross-party consensus are addressed by emphasizing that the content can be agreed upon once the principle of the right to treatment is established.
- Disempowerment and Veto Power The proposed Bill aims to prevent others from exercising veto power over an individual’s treatment choice without their consent or valid reasons.
- Addressing Disempowerment in Therapeutic Relationships The proposed Bill does not disempower individuals but empowers them by providing legal rights and avenues for challenge, fostering better relationships between service users and providers.
- Need for Legal Clarity and Remedies The proposed Bill ensures legal clarity and provides remedies in case of breach, offering a more cost-effective route through judicial review compared to other legal options.
- Costs and Budget Allocation Legal costs would be allocated separately and would not necessarily come out of treatment budgets. Legal aid may be available for those raising legal challenges.
- Collaboration and Therapeutic Relationships The proposed Bill aims to foster collaboration and therapeutic relationships between service users and providers, similar to other sectors such as homelessness, mental health, and children’s services.
- Coexistence of the Proposed Bill and Equality Act The proposed Bill does not replace or contradict the Equality Act but extends additional rights specific to individuals seeking treatment for addiction.
- Consolidating and Strengthening Rights The proposed Bill consolidates and strengthens existing rights by providing legal underpinning and protection for individuals seeking treatment.
- Remedies and Legal Challenges Legal remedies, including civil litigation and judicial review, would be available in case of breach, ensuring accountability and recourse for individuals.
- Costs and Legal Aid Legal costs would be separated from treatment budgets, and legal aid may be available for individuals raising legal challenges.
- Addressing Disparities in Treatment Choice The proposed Bill aims to address disparities in treatment choice by underpinning the right to treatment in law, ensuring equal funding for local authorities and NHS health boards.
- Balancing Power and Strengthening Relationships The proposed Bill aims to balance power dynamics and foster stronger relationships between service users and providers through legal rights and protections.
- Disempowerment and Discrimination Exemption The proposed Bill acknowledges that addiction is currently exempt from the protections of the Equality Act and aims to provide specific rights for individuals seeking treatment.
- Extending Rights to All Seeking Treatment The proposed Bill extends rights to anyone seeking treatment, not limited to those with recognized impairments under the Equality Act.
- Underpinning Strategies and Policies The proposed Bill aims to underpin existing strategies and policies with legally enforceable rights, ensuring accountability and protection for individuals.
- Empowerment and Challenging Negative Decisions The proposed Bill empowers individuals by providing legal rights and the ability to challenge negative decisions, fostering collaboration and therapeutic relationships.
- Impact on Service User-Worker Relationship The proposed Bill does not damage the service user-worker relationship but aims to balance power dynamics and foster better relationships through legal rights.
- Negotiating MAT Standards and Treatment Choice The proposed Bill does not eliminate negotiated standards but ensures consideration of all available treatment options outlined in the MAT Standards.
- Legal Clarity and Remedies for Breach The proposed Bill provides legal clarity and remedies in case of breach, offering a more accessible and cost-effective route through judicial review.
- Costs and Budget Allocation Legal costs would be allocated separately, and legal aid may be available for those raising legal challenges, ensuring fair access to justice.
- Boldness and Necessity of the Proposed Bill The proposed Bill is considered bold and necessary to establish legally enforceable rights and protections for people seeking treatment, building on existing consensus and strategies.
- Access to Treatment and Person-Centered Care The proposed Bill does not enable immediate access to treatment but ensures that individuals’ treatment needs are considered in a person-centered care plan
- Legal Clarity and Funding Equality The proposed Bill addresses the lack of funding equality in the treatment system by underpinning the right to treatment in law.
- Therapeutic Relationships and Legal Rights The proposed Bill aims to empower individuals and foster therapeutic relationships by providing legal rights and recourse in case of breach.