Our proposals for legislative change in relation to the Adults with Incapacity (Scotland) Act 2000
Last year we wrote that we had submitted a response to the Scottish Law Commission's consultation on proposals for its Eight Programme of Law Reform running from 2010-2014.
We outlined the various areas we felt needed attention to help improve the rights and protections available for adults who fall within the scope of the legislation. We felt that clarification was needed on various issues such as "deprivation of liberty" and the length of time guardianship orders should last without routine judicial review.
The Law Society of Scotland and Enable Scotland supported our concerns. We were pleased to see that the topic of adults with incapacity was included as a project in the Scottish Law Commission's Eighth Programme of Law Reform.
The Law Commission intends to take forward this work in stages with the first stage concentrating on issues relating to welfare guardianship. We have been invited to take part in an advisory group to assist the Law Commission in this first stage. Research is currently being undertaken with the view to preparing a discussion paper.
Annual reports
- Director's introduction
- overview of the Mental Health (Care & Treatment) (Scotland) Act 2003
- new orders granted in 2009-2010
- total numbers of 2003 Act orders in existence
- monitoring our priority areas
- additional findings from our monitoring of mental health law
- our overview of the use of the Adults with Incapacity (Scotland) Act 2000
- our overview of the use of Adults With Incapacity (Scotland) Act 2000
- trends in the use of welfare guardianship
- geographical variations in the use of welfare guardianship
- causes of incapacity in guardianship
- age of adults at point of welfare guardianship order approval
- consent to medical treatment (part 5 AWI)
- our scrutiny of approved welfare guardianship
proposals for legislative change