Mentally Disordered Patients (Hansard, 9 December 1981)

§ 4. Mr. William Hamilton
asked the Secretary of State for Scotland if he will seek to amend the law relating to the property of mentally disordered patients in Scotland in line with the suggestions made in the 1975 publication of the Mental Welfare Commission "No Place to Go".

§ The Under-Secretary of State for Scotland (Mr. Allan Stewart)
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 extended the powers of the sheriff court in this field. These changes have been welcomed by the commission. My Department is considering what further improvements need to be introduced, but I am not persuaded that an independent body as proposed by the commission would be appropriate.

§ Mr. Hamilton
The hon. Gentleman has no doubt read the latest report from the Mental Welfare Commission entitled "Does the Patient come first?", which is highly critical of the activities of the curators responsible for the estates of mentally disordered patients. Is he aware of the case in my constituency of a youth who had a serious car accident that left him a physical and mental wreck? He was awarded £75,000 compensation, but the curator allows the family, which is receiving supplementary benefit, the princely sum of £12 a week and even asks for receipts for the money spent on sweets that the family takes to the youth in hospital. Is it not an absolute disgrace that we have such inquisitors in Scotland, and should they not be put in their place?

§ Mr. Stewart
I should be grateful if the hon. Gentleman would write to me with details of the case.

§ Mr. Hamilton
I have already written to the Scottish Office.

§ Mr. Stewart
On the more general point, the Scottish Law Commission is reviewing the law relating to the appointment of curators bonis.

§ Mr. John MacKay
On the question of mentally disordered patients, does my hon. Friend intend to 849 introduce legislation to take account of the recent ruling of the European Courts of Human Rights on this matter? If so, when does he intend to bring forward the legislation?

§ Mr. Stewart
My hon. Friend has raised an important point. As a result of the judgment of the European Court, a change in the law will be required to give patients detained under restriction orders a periodic right of appeal. My right hon. Friend proposes to introduce amending legislation on that matter in due course.

§ Mr. Harry Ewing
Is the hon. Gentleman aware that it is more than 20 years since the Mental Health (Scotland) Act 1960 was passed, and that the Mental Welfare Commission is expressing serious disquiet about the way that some curators regard their function as being merely to conserve a ward's estate? My hon. Friend the Member for Fife, Central (Mr. Hamilton) has raised a serious point, and I ask the Minister to accept that the time has come for a wider look at how curators, once appointed, carry out their functions.

§ Mr. Stewart
On the hon. Gentleman's general point about the 1960 Act, the commission acknowledges, in general, that it is still an effective piece of legislation, though it has suggested amendments. On the specific point, I have said that the Scottish Law Commission is reviewing the law. The hon. Gentleman will agree that it is a complex area, but I assure him that I will draw his point to the attention of the commission.

§ Mr. Hamilton
On a point of order, Mr. Speaker. In view of the grossly unsatisfactory nature of the reply, I give notice that I shall seek to raise the matter on the Adjournment at the earliest opportunity.