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(Scottish Government) Adults with Incapacity Reform

06 February 2018

This consultation seeks 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.

The proposals relate to the following:

  • Graded Guardianships
  • Change of forum for Adults with Incapacity (AWI) cases
  • Creation of supported decision maker role and a supported decision making scheme
  • Clarification of use of powers of attorney in deprivation of liberty cases
  • Creation of short term ‘placement order’
  • Clarification of the interaction between aspects of the AWI legislation and Adult Support and Protection legislation.
  • More information can be found here

  • The consultation document can be found here


Getting Involved

If you are interested in contributing to this or being Lead Author, please contact us as soon as possible. 

The deadline for commenting is Friday 13th April using the response form below.

Please note:

  • The Society will only produce ONE response to any consultation.
  • Any response that goes under the Society logo MUST be signed off by the relevant Board Chair and Branch Chair in the case of Devolved Nations.
  • Responses on behalf of particular Divisions / Faculties /Member Networks are not permitted under any circumstances.
  • Please do refer to the British Psychological Society Consultation Processes document which is attached before writing and sending any comments
  • Please ensure that all comments are based on Published Evidence and not solely on Clinical opinion

If you have any queries at all - please do not hesitate to get in touch.


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