Adults with Incapacity legislation review: consultation responses analysis

Summary of Responses

5. The main conclusions to be drawn from the responses are that there is a compelling need to provide a process for measures to deprive a person of their liberty in both a hospital and community setting, beyond that which already exists by virtue of welfare guardianship and powers of attorney. However there is definite concern that the changes proposed by the draft Scottish Law Commission Bill, notwithstanding its merits, would result in a huge increase in workload for an already heavily pressurised system and workforce. There was a substantial majority of respondents expressing the view that any changes to the law in this area should take place within the context of a wider revision of the Adults with Incapacity ( AWI) legislation. ^[2] A majority of responses stated that the legislation was not working effectively and that change was required.

6. The most popular change suggested was a reshape of guardianship orders, to move away from the current system to a form of graded guardianship.

7. Other significant suggestions for change included changing the jurisdiction of AWI cases from the sheriff court to a tribunal and the need for some kind of emergency / interim order that could be used at short notice.

8. The Scottish Government is very grateful to all those who took the time to respond to this consultation. Particular reference should be given to the comprehensive responses provided by the Law Society of Scotland and the Mental Welfare Commission for Scotland. These, along with all the other responses which the Scottish Government has permission to publish are available online.