Scottish Government Consults on Adults with Incapacity

The Scottish Government has recently launched a consultation exercise over possible changes to legislation relating to Adults with Incapacity. The changes are based on a report produced by the Scottish Law Commission in October 2014, which focused on the question of deprivation of liberty as it relates to persons who may be subject to the Adults with Incapacity legislation and associated issues. The report made a number of recommendations and contained a draft Bill, amending the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003. The Commission’s report concluded that adults without incapacity are being confined to hospital wards and residential facilities in Scotland without any underlying legal process, which is contrary to their human rights The consultation paper seeks views on specific matters raised in the Commission’s report, with particular reference to the Commission’s draft Bill and how that would work alongside th

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