Mental health and disability law

The Scottish Government sought views on the proposed changes to the Adults with Incapacity (Scotland) Act 2000. 

The Scottish Government has launched a consultation to seek views on proposed changes to the Adults with Incapacity (Scotland) Act 2000. The changes put the adult front and centre of the legislation, reflecting UNCRPD, deprivation of liberty case law and the recommendations of the Scottish Mental Health Law Review.

The Scottish Government issued a consultation on proposals for a Learning Disabilities, Autism and Neurodivergence Bill.

The Scottish Government issued a consultation on the mobility component of Adult Disability Payment (ADP). The findings will inform an independent review of Adult Disability Payment.

The Scottish Government issued a consultation seeking views on possible imporvements to electoral law.

Jeremy Balfour MSP held a consultation on a proposal for a Bill to establish the role of a Disability Commissioner for Scotland.

The Scottish Mental Health Law Review issued consultations on proposals for changes to mental health and incapacity legislation.

The UK Government issued a call for evidence to inform the development of the government’s acquired brain injury strategy.

The Scottish Government issued a consultation to inform the policies underpinning a formalised approach to Social Security Scotland sharing information with Local Authorities where it becomes apparent that an individual may be at risk of harm.

The Scottish Government invited comments on the draft third edition of the Code of Practice for Continuing and Welfare Attorneys.

The Mental Welfare Commission issued a public consultation to seek views on proposals for a new system of investigating the deaths of people who, at the time of their death, were subject to compulsory treatment under mental health legislation in Scotland.

The Maritime and Coastguard Agency consulted on an Amendment to update MGN 306(M) Designing and Operating Smaller Passenger Vessels: Meeting the needs of persons with reduced mobility.

The Scottish Government issued a consultation as part of a refresh of the Adult Support and Protection Code of Practice and Adult Protection Committee Guidance.

The Scottish Government invited comments on the concept of a bond of caution for Powers of Attorney.

We provided comments to the Scottish Government on recommendations for reform of the Adults with Incapacity (Scotland) Act 2000.

  • View our submission.
  • Read our comments on the Scottish Government’s proposals for a Time Limited Care Certificate.
  • Read our comments on the Scottish Government’s proposals for limited ‘technical’ amendments to the Adults with Incapacity (Scotland) Act 2000.

The Scottish Mental Health Law Review sought views on matters which it proposed to include as part of its review of adults with incapacity legislation.

The Society responded to the Independent Review of Adult Social Care's call for evidence. The aim of the review is to recommend improvements to adult social care in Scotland.

The Work and Pensions Committee held an inquiry into the disability employment gap.

The Mental Welfare Commission issued a consultation on a proposed new set of equalities outcomes.

The Scottish Government issued a consultation seeking feedback on its coronavirus guidance.

Our Mental Health and Disability, Environmental Law Sub-committees and Criminal Law Committee have responded to the Department for Transport and UK Space Agency’s consultation on Spaceport and spaceflight activities: regulations and guidance. 

Read our response

The Scottish Parliament's Covid-19 committee asked for views on how the Scottish Government’s powers have been used over August and September 2020.

We provided comments to the Scottish Government on using physical restraints on patients.

We provided comments to the Scottish Government on its clinical and practice guidance for adult care homes.

We provided comments to the Scottish Government on the adults in incapacity provisions of the Coronavirus Acts in advance of the second report to the Scottish Parliament.

The Society's Mental Health and Disability and Environment Committees repsonded to this UK Government call for views.

The Society responded to the Independent Review of Mental Health Law in Scotland’s call for evidence.

The aim of the Review is to improve the rights and protections of people affected by the mental health, incapacity or adult support and protection laws because they have, or used to have, a mental disorder. This includes carers or supporters of people affected by these laws.

The Office of the Public Guardian (Scotland) has issued a consultation on early intervention - guardian declaration forms.

As part of its independent work programme, the Social Security Advisory Committee (SSAC) is conducting research into how the Department for Work and Pensions (DWP) engage with disabled people in formulating policies and processes which affect them. This consultation sought the views of relevant organisations to underpin the research.

Following closures of residential care facilities and general funding issues with independent, voluntary and council run facilities, the Scottish Parliament's Health and Sport Committee has agreed to undertake an inquiry into social care for adults over 18 years. 

Proposal for a Bill to require the Scottish Ministers to introduce, and to implement, a National Transitions Strategy to improve outcomes for children and young people with a disability in the transition to adulthood, and to require local authorities to introduce a transitions plan to ensure each child and young person with a disability receives appropriate care and support before, and during, the transition to adulthood; and for connected purposes.

Lodged by Johann Lamont MSP on 9 October 2019.

OFGEM is looking for views on its Draft Consumer Vulnerability Strategy 2025.

The Scottish Government is seeking views from people with lived experience and professionals, on the clinical pathways and guidance for healthcare professionals working to support adults who present having experienced rape or sexual assault in Scotland.

The Independent Review of Learning Disability and Autism in the Mental Health Act Scotland is gathering evidence on how people with learning disability and autism experience the Mental Health Act in Scotland.

The Scottish Government has issued a consultation on views on proposals for reform to the Adults with Incapacity (Scotland) Act 2000 (AWI).

In 2000, when the AWI act came into force, it was regarded as ground-breaking legislation, essentially a world leader in capacity legislation. For the first time, Scotland had a comprehensive regime to protect the welfare and financial rights of persons lacking in capacity.

International human rights law in this field has developed further since then and we need to ensure that Scotland's law remains fully fit for purpose.

The Scottish Government has issued a consultation on electoral reform.

The Scottish Government has issued guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children who have attained 12 years of age in respect of additional support for learning in school education.

The UK Government has issued a call for evidence, asking for views on how people with disabilities experience registering to vote and voting itself.

The Scottish Government has issued on the draft regulations regarding the transfer of the functions and members of the Additional Support Needs Tribunals for Scotland (ASNTS) into the Scottish Tribunals, the rules of procedure for the First-tier Tribunal Health and Education Chamber, the Composition of the First-tier and Upper Tribunals for Scotland, and the eligibility for membership of the First-tier Tribunal for Scotland.

The Mental Health and Disability Law Sub-Committee has responded to the UNCRPD's call for comments on the Draft General Comment on the right of persons with disabilities to live independently and be included in the community (article 19).

The Mental Health and Disability Law Sub-Committee has responded to the Committee on the Rights of Persons with Disabilities in relation to the review of the UK’s UN Convention on the Rights of Persons with Disabilities (CRPD) compliance.

The second consultation on the implementation of the Mental Health (Scotland) Act 2015 focusses on cross-border transfer regulations, regulations relating to absconding patients and transitional and savings provisions.

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