Adults with Incapacity Amendment Act: consultation

Closed 17 Oct 2024

Opened 25 Jul 2024

Contact

awireform.queries@gov.scot

Overview

This consultation seeks your views on proposed changes to the Adults with Incapacity (Scotland) Act 2000 (AWI Act). This builds on earlier AWI Act consultations, takes into account the United Nations Convention on the Rights of Persons with Disability, and recognises European and Supreme Court deprivation of liberty rulings in the Bournewood and Cheshire West cases.

This is the first step in a wider programme of work to reform mental health and incapacity law in Scotland over the next ten years, following the recommendations of the Scottish Mental Health Law Review.

The consultation is seeking views on suggestions for change to the AWI Act that aim to

  • Improve access to justice for adults affected by the AWI Act
  • Shift the focus of the AWI Act to one that truly centres on the adult
  • Enable adults to access rights more easily
  • Ensure adults are supported to make and act upon their own decisions for as long as possible
  • When an adult cannot make their own decisions despite support, ensure that their will and preferences are followed unless doing so would be to the overall detriment of the adult.
  • set out proposals for reform concerning authority for research.

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Read an easy read version of the consultation paper

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

 

Why your views matter

Your response to this consultation will help us determine what changes are needed to the AWI Act to ensure it reflects the changes in domestic and international law that have occurred since it came into force. As people who use the AWI Act in either a professional or private capacity, your views are vital in ensuring the AWI Act and  the policies around it best meets the needs of those who require the safeguards the Act provides, both now and in the future.  

Interests

  • Health and Social Care
  • Main hub