Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Legal news
  4. Incapacity law review opens to consultation

Incapacity law review opens to consultation

6th January 2016 | mental health-adult incapacity

A public consultation on the law relating to adults with incapacity has been launched by the Scottish Government.

Ministers are seeking views principally on the implementation of the Scottish Law Commission's 2014 report, which focused on the question of deprivation of liberty as it relates to those who may be subject to the adults with incapacity legislation and associated issues. However they are also asking for general views on wider aspects of the Adults with Incapacity (Scotland) Act 2000 that may benefit from review.

The Commission’s report concluded that adults with incapacity are being confined to hospital wards and residential facilities in Scotland without any underlying legal process, which is contrary to article 5 of the European Convention on Human Rights. The Scottish Government is of the view that that the existing mechanisms do not necessarily provide a sustainable way forward, and that the concerns and recommendations raised in the Commission's report should be explored further.

A draft bill with the report would create new processes which aim to avoid people being unlawfully deprived of their liberty, whether within a hospital or a community setting. These new measures would be enacted by way of amendment to the 2000 Act. This consultation therefore also seeks views on the impact such changes might make on the way the 2000 Act is currently operating.

The paper states that the Government has yet to take a view on the Commission’s recommendations and what changes, if any may be required to the legislation. It is seeking views on the issues from a range of perspectives so decisions are properly informed, in particular on whether there is broad support about the approach the Commission has taken and the detail of the draft bill.

Click here to access the consultation. Responses are due by 31 March 2016.

 

 

Add To Favorites
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited