Mental health and disability law

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

• Find out more on the Scottish Government website
• Read our response 

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.

• Find out more about the consultation and how to respond by the 17 October closing date 
• If you would like us to consider your views in our response to the consultation, please send your comments to policy@lawscot.org.uk

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

• Read more about the consultation on the Scottish Government's website.
• read our response (April 2024).

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.

• Read the consultation on the Scottish Government website.
• Read our response.

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

• Read the consultation on the Scottish Government website.
• Read our written response (March 2023)

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

• Find our more on the Scottish Parliament website.
• Read our response.

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

• Read the initial consultation on the Review's website.
• Read our response (May 2022).
• Read the further consultation on additional proposals on the Review's website.
• Read our response (July 2022).

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

• Read the call for evidence on the UK Government's website.
• Read our response (June 2022)
  

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.

•  Read the consultation on the Scottish Government website.
• Read our response (June 2022)

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

• Read our response to the invitation to comment (March 2022)

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.

• View the consultation on the Mental Welfare Commission's website.
• Read our response (February 2022).

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.

• View the consultation on the UK Government website
• Read our response

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.

• Read more about the refresh on the Scottish Government’s website.
• Read our response (September 2021).

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

• Read our response to the invitation to comment (August 2021)

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.

• Read our response to the position paper (May 2021).

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.

• Read further information about the review on the Scottish Government website
• Read our written evidence

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

• Read our response (December 2020)

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

• Read our response (November 2020).

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

• Read the consultation on the Scottish Government's website
• Read the Law Society of Scotland's response (November 2020)

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.

• Read the Scottish Parliament's consultation
• Read the Law Society of Scotland's response (October 2020)

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

• View the guidance on the Scottish Government website
• Read our comments

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

• View the guidance on the Scottish Government website
• Read our comments

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.

• View our submission

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

• See the consultation on the UK Government's website
• Read our response

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.

• See further information about the Review
• Read our written evidence

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

• The Law Society of Scotland's response (March 2019)
• Our comments on the revised Guardian Declaration Form (October 2019)
• Our further response to a letter from the Public Guardian and revisals (April 2020) 

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.

• View the consultation on the UK Government's website
• Read the Law Society's response

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. 

•  View the inquiry on the Scottish Parliament's website
• See the Law Society's response to the call for views

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.

• The consultation document is available here
• Read our response here.

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

• View the consultation on the OFGEM website
• The Law Society of Scotland's response (August 2019)

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.

• View the consultation on the Scottish Government's website
• The Law Society of Scotland's response (February 2019)

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.

• View the consultation on the Review's website
• The Law Society of Scotland's response to the stage 1 survey for professional organisations (November 2018)

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.

• View the consultation on the Scottish Government website
• The Law Society of Scotland's response (April 2018)

The Scottish Government has issued a consultation on electoral reform.

• View the consultation on the Scottish Government website
• The Law Society of Scotland's response (March 2018)

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.

• View the consultation on the Scottish Government website
• The Law Society of Scotland's response (November 2017)

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

• View the call for evidence on the GOV.UK website
• The Law Society of Scotland's response (November 2017)

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.

• View the consultation on the Scottish Government website.
• The Law Society of Scotland's response (August 2017)

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).

• Further information on the UNCRPD is available here
• The Law Society of Scotland's submission (June 2017)

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.

• More information on the CRPD is available here
• The Law Society of Scotland's submission (February 2017)

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.

• View the consultation on the Scottish Government website
• The Law Society of Scotland's response (October 2016)