Compounding Conditional Citizenship: To What Extent Does Scottish and English Mental Health Law Increase or Diminish Citizenship?

Devolution has increased the divergence in law and policy, and this has impacted on the social work services as part of the welfare state. It has led to debate about the changing nature of social citizenship within the UK. Many adults who come to the attention of social work services already have conditional citizenship by virtue of poverty, environment, illness and disability. This article demonstrates how this can be further compounded by the welfare agencies themselves by comparing the mental health law frameworks for Scotland and England. It argues that differences in participation ultimately led to the different civil and social rights being enshrined in law. However, law is just one ingredient that defines citizenship; the political ethos and the public service culture are two other key ingredients. This article will demonstrate that these have also been significant in creating divergence. Finally, the article will explore whether this social citizenship model for mental health has a wider relevance for all people who use social work services.