Scottish COVID-19 inquiry|19 Feb 2025

The Law Society of Scotland confirm yet more human rights abuses.

Feb 20, 2025

Introduction

The main focus will be on Lynda Ann Towers evidence. Lynda Ann Towers is currently the Convenor of the Mental Health and Disability Sub- Committee at the Law Society of Scotland (LSS). Is also the Convenor of the Constitutional and Human Rights Committee of LSS and sit on the Public Policy Committee.

Remarkably, crucial points contained in the witness statement below around unlawful local authority conduct and DNACPR decision placed on vulnerable young people without consent was NOT a feature of the oral evidence.

‘‘There was concern and discussion about the application of section 13ZA of the Social Work (Scotland) Act 1968…provision was being used by certain local authorities to authorise movement of people from hospital to care homes without obtaining any consent where the adult was incapable. However, this provision was never actually brought into force, which in effect meant that local authorities were using a provision which was unlawful. This became a major concern for MHDSC, as it potentially could have led to SG being in breach of Article 5 of the European Court of Human Rights(ECHR). The MHDSC, took the view that there was a breach of a patient's human rights, if a person could not, or did not, validly consent to such a move or transfer.’’

-Paragraph 25 Lynda Ann Towers

‘‘Concerns were also raised with the MHDSC that DNRs were being applied where a person was not capable of making that decision. They were aware of one patient, a relatively young person, who did not have capacity who was made subject to a DNR, did recover and was returned to a care home. Those caring for him advised if he returned to hospital the DNR would automatically be reapplied without reassessment or further consultation. No consent was sought from or in respect of the patient.’’

-Paragraph 26 Lynda Ann Towers

Testimony highlights

‘Disproportionate’ lockdown
Vulnerable people left without legal representation
Problems with emergency legislation without scrutiny
Guidance is not the same as legislation
Concern over use of Social Work (Scotland) Act 1968
‘Huge’ mental health act review imminent

‘‘There were real concerns from a human rights point of view that patients were being moved from hosptials to care homes…where they may not have had capacity to give consent to that and they were not asked to give consent to that.’’

‘‘There are real questions arising out of deprivation of liberty and general rights…that was a MAJOR issue.’’

Statement highlights

‘‘There was an astonishingly high level of compliance for lockdown which meant people were not out committing crimes.’’

-Paragraph 66 Stuart Kenneth Munro

IMPACT OF PANDEMIC ON MENTAL HEALTH AND DISABILITY-specifically lockdown and other restrictions- Lynda Ann Towers

‘‘Certain clients were being moved from hospitals to care homes and not always in the context of the mental health legislation, which caused issues. When people entered the care homes, they were often locked down, which again meant the solicitors could not gain access to speak in person with their clients.’’

-Paragraph 18 Lynda Ann Towers

‘‘Another issue was with solicitors getting access to see their clients, largely caused by the fact that people may have been in hospitals or care homes and no visitors were allowed in.’’

-Paragraph 29 Lynda Ann Towers

‘‘People tried their best to provide solutions and resolve matters but there remain concerns that there were potential breaches of human rights not identified at the time.’’

-Paragraph 38 Lynda Ann Towers

Impact on clients within the Mental Health and Disability law sector

‘‘Their right to decide about medical treatment, where they wanted to live and in what way they wanted to live might not be met, as per Article 5 of ECHR..if it will mean that their ability to exercise choices in respect of their liberty will be restricted.’’

-Paragraph 40 Lynda Ann Towers

‘‘Lasting impacts of the COVID-19 pandemic on the Mental Health and Disability Law sector includes the fact we are still seeing increased numbers of mental health patients citing the impact of the pandemic on them personally as being a factor in their mental illness.’’

-Paragraph 69 Lynda Ann Towers

‘‘The first lesson to be learned for future pertains to what I discussed earlier at paragraph 24, regarding the Social Work (Scotland) Act 1968, S13 ZA and patients having to give consent before being moved from a hospital to a care home, for example. This, as a likely human rights breach needs to be highlighted and addressed should such a situation arise again in future.’’

-Paragraph 72 Lynda Ann Towers

‘‘Human rights compliance and the Convention on the Rights of Persons with Disabilities is an important issue now compared to pre- pandemic, particularly compliance with Article 19 of the Convention and Article 5 of ECHR.’’

-Paragraph 74 Lynda Ann Towers

‘‘I appreciate the pandemic came upon us very quickly, but we cannot lose sight of the rule of law implications which arose during the pandemic and which should inform planning for any future pandemic.’’

-Paragraph 75 Lynda Ann Towers

‘‘There were provisions put into regulations which in connection with those who had been detained in the state hospital or were subject to mental health orders. We took the view that the provisions put in place, although not implemented were contrary to human rights law. They were emergency regulations and brought in without significant scrutiny in parliament. In our view if they been brought into effect the Scottish Government would have been operating outwith its competence.’’

-Paragraph 78 Kevin Ronald Lang

Relevant deaths ‘involving’ COVID-19

NB: There are approximately 12,000 solicitors in Scotland.

Growing human rights abuses

Thus far, at the Scottish inquiry articles 2,3,8 and 14 of the ECHR are all but confirmed breached during lockdown, added to this is now articles 5 and 19.