People across Scotland are being invited to have a say in the Adults with Incapacity Amendment Act Consultation

The Scottish Government has launched a consultation that seeks your views on proposed changes to the Adults with Incapacity (Scotland) Act 2000 (AWI Act).

This builds on earlier AWI Act consultations and 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.

What is the consultation about?

This is the first step in a wider programme of work to reform mental health and incapacity law in Scotland over the next 10 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.

Why does the Scottish Government need your help?

Your response to this consultation will help the Scottish Government 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 meet the needs of those who require the safeguards the Act provides, both now and in the future.

Your views can help to ensure the human rights of people with mental or intellectual disabilities are respected, protected and fulfilled.

How do I take part in the consultation?

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

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