Profile: Adrian Ward

Can you tell us a bit about your career?

I enrolled as a solicitor in 1967. In 1968 I was delighted to join Adam S Turnbull – my mentor during my apprenticeship – as his junior partner in establishing the firm of Turnbull & Ward. Expectations of continuing personal development with his wisdom and guidance were cut short by his death in 1969, following which I learned – if nothing else – the sheer hard work that it takes to meet the expectations of clients and retain them, then gradually to expand the client base! That is where I worked until in 2012 I merged my practice with TC Young as part of my retirement planning, then wound down to cease practising, but remain an enrolled solicitor, from 2016. 

Career development is not however about where and under what firm name you practise. We started and remained a typical high street practice – more precisely a practice in Main Street, Barrhead. That encompassed local businesses, but company and commercial work developed into a second major area of practice in its own right, and very much what I personally did. One speciality was that the flexibility of a small practice suited being the external Scottish member of the in-house English legal teams of larger enterprises. That entailed willingness to learn law and practice relevant to the particular needs of these often specialist enterprises, which led to the creation of our third main area of practice, in mental health law and the developing new subject of adult incapacity law. 

That has always had a strong extra-curricular element, linked to practice. It started with two events in 1976. I was recruited to represent my town on the newly formed local health council, was appalled by some of the things that I saw in mental health facilities, and became founder chairman of the mental health association now known as RAMH. That led in time to membership of a mental health working party that became the Mental Health & Disability Committee (“MHDC”), and (not quite realising how I could have got there!) an extensive international role in the 1990s with World Health Organisation, in partnership with their mental health adviser for Europe. 

Even more significant was a simple request in 1976 to put together a little talk for parents of children with learning disabilities about their legal status, then and into adulthood. I said I knew nothing about the subject, but was told that they couldn’t find any lawyer who did, so would I please do it as a favour. That one little favour swept me forward into a major part of my professional life, and all the extra-curricular work, nationally and internationally, which continues in my retirement.

You are stepping down as convener of MHDC after 34 years. How would you outline the committee’s work over that time, and can you give some current examples?

When I started, mental health law and practice were limited and rudimentary. The subject of incapacity law as we know it did not exist. The trajectory from then through to the present has been remarkable, involving MHDC constantly in the creation and development of law, including the development, enactment and delivery in practice of legislation such as the Adults with Incapacity (Scotland) Act 2000, the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adult Support and Protection (Scotland) Act 2007. Now we are moving forward towards implementation of the final report of the Scott review, embracing those three areas of legislation, with its identification of immediate priorities for legislation, and longer-term complete overhaul and reorientation to catch up with modern human rights developments.  

MHDC has a major role in this. In our meetings so far this year we have welcomed a representative of Scottish Government dealing with immediate priorities, including assisting the development of more efficient practice in the short term – hence the excellent article by Dianne Millen, supported by colleagues on MHDC, appearing at Journal, March 2023, 40. Then we engaged with the official principally dealing with the proposed Learning Disability, Autism and Neuro-Diversity Bill. We are engaging with the Health, Social Care & Sport Committee of the Scottish Parliament in efforts to persuade UK Government to amend the current Westminster (and England & Wales only) Powers of Attorney Bill to address the constant difficulties of Scottish attorneys and guardians in having their appointments recognised by English service providers and institutions, even at their branches in Scotland. 

We are also working on the promotion and creation of specialist mediation in AWI cases; seeking to address difficulties in obtaining necessary medical reports; collaborating with the Public Guardian towards seeking judicial clarification of uncertain questions around appointments of joint attorneys; and much else, including constant collaboration with other departments and committees of the Society, a couple of current examples being input to the Society’s response on the Trusts and Succession (Scotland) Bill, and contributing to scoping the Society’s involvement in the Covid-19 Inquiry.

What has working on mental health and disability issues meant to you?

It has meant the perhaps unique experience of seeing a new legal subject first identified and assembled as such, including in my first two books of 1984 and 1990, and its remarkable development as such through campaigning, along with all relevant national organisations, to have law reform addressed as the first major legislation of a brand new Parliament. Then there have been all the developments in law and professional practice which have achieved real improvements in the lives of our most vulnerable citizens, and those supporting and caring for them. Similar work has carried me into direct engagement in parts of Europe where the position of vulnerable people has most been in need of improvement, and to further roles and collaborations worldwide. I have particularly valued seeing excellent lawyers, embodying the very best that our profession has to offer, increasingly committing to this area of work and developing from tentative to leading involvement in the work of MHDC.

What are the main issues you think the Society/profession should be tackling at the moment?

The long-term positives have to be balanced by serious recent threats to the fundamental concepts of basic and inalienable human rights, the rule of law, the independence of the judiciary and legal professions, and minimum adequate resourcing of access to justice for all, upon which our freedoms, and our lives as we know them, depend. History tells us that when such erosive forces are at play, the most vulnerable citizens suffer soonest and most: we need only look at the scandalous reduction of elderly and vulnerable human beings to the status of blockages in beds, to be cleared without any regard to lawfulness, to see that happening here. The Society and every member of the profession individually must be rigorous in identifying and resisting even the smallest erosions of our status as a free and democratic society. 

For you personally, what next?

I intend to offer myself for continuing ordinary membership of MHDC: a decision on that either way by the new convener will be understandable. All other relevant activities will continue, with rather more space to breathe and, I hope, improved balance in my life. That includes all the writing, lecturing, advisory work, and participation in the work of a range of international organisations and institutions. Current examples include working with Mental Welfare Commission responding to requests for follow-up after a surprisingly large attendance of 2,612 health and care workers at an online “Masterclass” on AWI that I recently gave for them; writing for the Scottish section of the monthly (free, online) Mental Capacity Report, with its circulation of over 16,000, essential reading for anyone engaged in this area of work; and work on my developing role with European Law Institute, including co-leadership of a Europe-wide project to draft model laws for advance choices.

What keeps you busy outside of your interest in the law?

Mountains and wild places, including mountain touring on cross-country skis. Sport generally, including running, cycling and canoeing. Music. Exploring wild places, particularly in the far north, with a longer than usual break this summer in the high Arctic. Straddling the outer boundaries of my interest in the law, closely and personally engaging with the great variety of cultures and societies across the world, with their languages and histories; and struggling to maintain all the valued friendships developed over the years, at home and across the world.