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All Outputs (13)

COVID-19 Public Inquiry: Research Report for Portfolio 3: The Provision of Health and Social Care: Social Care for Children (2025)
Report
McKay, C., Stavert, J., Breen, C., McKay, E., Spassiani, N., Rose, S., Petropoulou, E., Davey, J., Sterman, J., Thompson, K., Higgins, A., Woodrow, A., & King, M. COVID-19 Public Inquiry: Research Report for Portfolio 3: The Provision of Health and Social Care: Social Care for Children. Scottish COVID-19 Public Inquiry

This report reviews available evidence regarding the impact of the COVID-19 pandemic on social care for children in Scotland, focusing on the strategic response of the Scottish Government. It was commissioned by the Scottish COVID-19 Public Inquiry,... Read More about COVID-19 Public Inquiry: Research Report for Portfolio 3: The Provision of Health and Social Care: Social Care for Children.

Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?   (2025)
Journal Article
Stavert, J., & McKay, C. (2025). Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?  . International Journal of Law and Psychiatry, 101, Article 102108. https://doi.org/10.1016/j.ijlp.2025.102108

It has been argued that a fusion of mental health and capacity law creates parity and respects non-discrimination. This approach has been adopted in the Mental Capacity Act (Northern Ireland) 2016, although this legislation is not yet fully in force.... Read More about Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?  .

Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law (2025)
Journal Article
Stavert, J., & McKay, C. (2025). Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law. Human Rights Law Review, 25(2), Article ngaf008. https://doi.org/10.1093/hrlr/ngaf008

The Convention on the Rights of Persons with Disabilities (CRPD) requires a reconceptualised approach to rights enjoyment by persons with mental disabilities promoting equality through support, institutional and environmental adjustments, and envisag... Read More about Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law.

Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination? (2024)
Presentation / Conference Contribution
Stavert, J., & McKay, C. (2024, July). Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?. Paper presented at International Academy of Law and Mental Health Congress 2024, Barcelona, Spain

It has been argued that a fusion of mental health and capacity law creates parity and respects nondiscrimination. This approach has been adopted in the Mental Capacity Act (Northern Ireland) 2016, although this legislation is not yet fully in force.... Read More about Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?.

COVID-19 Public Inquiry: Research Report for Portfolio 3 The Provision of Health and Social Care Services Adult Social Care (2024)
Report
McKay, C., Stavert, J., Johnston, L., Murray, J., Rek, J., Breen, C., Zarins, A., Woodrow, A., Anderson, L., & King, M. (2024). COVID-19 Public Inquiry: Research Report for Portfolio 3 The Provision of Health and Social Care Services Adult Social Care. Scottish COVID-19 Public Inquiry

Report commissioned by Scottish COVID-19 Public Inquiry into the Scottish Government's strategic response to the COVID pandemic in relation to the provision of healthcare services and social care support to adults, excluding residential care

Detention of children and adolescents under mental health legislation: a scoping review of prevalence, risk factors, and legal frameworks (2024)
Journal Article
Schölin, L., Tucker, Z., Chopra, A., Borschmann, R., & McKay, C. (2024). Detention of children and adolescents under mental health legislation: a scoping review of prevalence, risk factors, and legal frameworks. BMC Pediatrics, 24(1), Article 12. https://doi.org/10.1186/s12887-023-04464-6

Background: For individuals with severe mental illness, involuntary assessment and/or treatment (hereafter detention) can be a necessary intervention to support recovery and may even be lifesaving. Despite this, little is known about how often these... Read More about Detention of children and adolescents under mental health legislation: a scoping review of prevalence, risk factors, and legal frameworks.

Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022 (2023)
Report
McKay, C., Stavert, J., McKay, E., King, M., & Zarins, A. Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022. Scottish COVID-19 Public Inquiry

Report commissioned by Scottish COVID-19 Public Inquiry to update previous research into strategic response of Scottish Government to COVID pandemic in relation to health and social care, particularly care and nursing homes, the provision of health a... Read More about Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022.

Research Report for COVID-19 Public Inquiry (2022)
Report
McKay, C., McKay, E., Stavert, J., Murray, J., Johnston, L., & Macdonald, A. (2022). Research Report for COVID-19 Public Inquiry. Scottish Covid-19 Inquiry

This report was commissioned by the Scottish Covid-19 Inquiry as introductory scoping research.

Scottish Mental Health Law Review: Final Report (2022)
Report
McKay, C., Stavert, J., Scott, J., Martin, K., Rankin, A., & Morgan, G. (2022). Scottish Mental Health Law Review: Final Report. Scottish Government

Report commissioned by Scottish Ministers to review Scottish mental health, capacity and adult protection law, to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare.

Scottish Mental Health Law Review (2022)
Presentation / Conference Contribution
Stavert, J., McKay, C., Scott, J., Martin, K., & Morgan, G. (2022, June). Scottish Mental Health Law Review. Paper presented at World Congress on Adult Capacity, Edinburgh, UK

COVID-19 Vaccination in those with mental health difficulties: A guide to assist decision-making in England, Scotland, and Wales (2022)
Journal Article
Ross, C., Brown, P., Brown, C., Chopra, A., Adshead, G., Tracy, D., Towers, K., McKay, C., Black, I., & Forsberg, L. (2022). COVID-19 Vaccination in those with mental health difficulties: A guide to assist decision-making in England, Scotland, and Wales. Medicine, Science and the Law, 62(4), 275-282. https://doi.org/10.1177/00258024221086054

There is currently no specific guidance addressing vaccine hesitancy in those with mental health difficulties in the United Kingdom. This is particularly problematic when one considers that individuals with serious mental illnesses are at greater ris... Read More about COVID-19 Vaccination in those with mental health difficulties: A guide to assist decision-making in England, Scotland, and Wales.

Learning disability, autism and the Criminal Procedure (Scotland) Act (2020)
Journal Article
McKay, C., Connolly, M., Williams, F., Warwick, M., & Macleod, C. (2020). Learning disability, autism and the Criminal Procedure (Scotland) Act. Advances in mental health and intellectual disabilities, 14(5), Article 3. https://doi.org/10.1108/AMHID-09-2019-0028

This paper aims to investigate the use of Part VI of the Criminal Procedure (Scotland) Act 1995 (CPSA) for people with Learning Disability (LD) and/or Autism. This is in the context of a recent review commissioned by the Scottish Government into whet... Read More about Learning disability, autism and the Criminal Procedure (Scotland) Act.

Scottish mental health and capacity law: The normal, pandemic and ‘new normal’ (2020)
Journal Article
Stavert, J., & McKay, C. (2020). Scottish mental health and capacity law: The normal, pandemic and ‘new normal’. International Journal of Law and Psychiatry, 71, Article 101593. https://doi.org/10.1016/j.ijlp.2020.101593

A state’s real commitment to its international human rights obligations is never more challenged than when it faces emergency situations. Addressing actual and potential resourcing pressures arising from the COVID-19 pandemic has resulted in, amongst... Read More about Scottish mental health and capacity law: The normal, pandemic and ‘new normal’.