Adults with Incapacity Amendment Act: consultation analysis - easy read

Introduction

The Government must ask people their view before they make an important change. This is called a consultation.

The Government had a consultation about a law called the Incapacity Amendment Act. This paper sets out the questions asked and the answers people gave.

Part 1: Principles of the Law

The consultation asked questions about the main principles in the new Adults with Incapacity law.

Most people agreed we should try everything possible to follow the wishes of the adult before any action is taken. Some people worried about how this would be done.

Most people agreed that any action taken under the law should agree with the adult’s rights and wants. Unless it is not possible.

Most people agreed that a person should be given all the support they need to make their own decisions. Any action should only be taken if this has failed.

People said that more money should be spent on supporting people to make decisions. There should be more training and more independent advocacy services.

Part 2: Office of the Public Guardian

The consultation asked questions about the Office of the Public Guardian. This is the part of the Government that can give people Power of Attorney.

Power of Attorney is when a person is given the power to make important decisions for an adult as they are unable to. These can be decisions about things like healthcare or money.

Most people agreed that the Office of the Public Guardian should have more power to investigate and decide who should have Power of Attorney.

Part 3: Access to Funds

The consultation asked questions about access to an adult with incapacity’s money.

Most people thought access should be given to the adult’s bank account. Some people said more rules were needed to make sure this was not abused.

Most people agreed with our suggestions for access to funds.

Part 4: Decisions about Going to Hospital

The consultation asked questions about how and when adults with incapacity should go to hospital.

Most people agreed that healthcare staff should make the decision if an adult with incapacity should be treated in hospital.

Some people thought other staff should be able to make this decision. But many said this should only happen if the staff had the right knowledge and experience.

Most people said that the adult with incapacity should have access to advocacy. This would mean they could appeal the decision if they do not agree with it.

Most people said that if the adult wants to leave hospital but the healthcare staff thinks they should stay, another staff member should be asked.

Most people agreed that there should be a review after 28 days to see if the adult with incapacity should still be in hospital.

Part 5: Guardianships

The consultation asked questions about guardianships. This is when a court makes the decision that a person can make decisions for an adult with incapacity.

Most people agreed that clinical psychologists should be added to the professionals who can give medical reports about if an adult needs a guardian.

Most people agreed that the application process for guardianship should be made better.

Most people agreed to keep the rule that guardianships should be reviewed after 3 years, then every 5 years after that.

Some people suggested changes to the system including having tribunals and more advocacy services.

Part 6: Taking Away an Adult’s Freedom

The consultation asked questions about taking away an adult’s freedom when they are unable to keep themselves safe. This would only happen in a small number of special cases.

Most people agreed with most of our ideas. Many said more information was needed.

Most people said that adults must be able to appeal the decision to have their freedom taken away. They should have access to advocacy to help them.

Almost everyone said the Mental Welfare Commission should investigate decisions if there is concern.

Part 7: Safeguarders and Curators

The consultation asked questions about safeguarders and curators. Safeguarders are people who protect another person’s rights and best interests. Curators look after their money.

Lots of people said it was important for safeguarders and curators to be properly picked and trained. They should be paid so that they were giving the best support.

People said that there needed to be clear rules and information about the roles of safeguarders and curators.

Most people agreed that stealing money from an adult with incapacity should be made a special criminal offence. They said this should have happened a long time ago.

Part 8: Long Stays in Hospital

The consultation asked questions about adults with incapacity who are in hospital. This is even though they no longer need hospital care and treatment.

People said this often happens because of lack of care home places or support available. It can also happen because families are not able to look after the adult.

People said a system was needed to support the future care of adults with incapacity after leaving hospital. Their interests and rights needed to be protected.

Part 9: Research

The consultation asked questions about research that could be done involving adults with incapacity in Scotland.

Most people said that it should be possible for adults with incapacity to take part in research without them agreeing to it. There should be proper rules in place to protect their rights.

Most people agreed that the law could be changed so that health staff could do research involving adults with incapacity if the relative or guardian agreed.

Most people agreed that more research on the health and treatment of adults with incapacity is a good thing.

Next Steps

We want to thank people for the time, effort and thought they gave to our consultation.

The answers to the questions will be used to make changes to the Adults with Incapacity (Scotland) Act 2000 by the Scottish Government.