Legislation relating to adults with dementia, learning disabilities and other causes of incapacity is in need of significant reform, the Law Society of Scotland has claimed.
The call for change is contained in the Society’s response to the Scottish Government’s consultation on a report by the Scottish Law Commission, and follows a comprehensive review of the legislation and human rights standards intended to protect vulnerable people.
The Society proposes that the separate jurisdictions, currently fragmented across courts and tribunals, should be combined in a single tribunal structure, with specialist expertise and local accessibility across Scotland. It says that this would result in important cost savings and vital improvements in service speed and quality.
“As a matter of urgency, Scotland must improve the efficiency and effectiveness of the operation of the combined jurisdictions resulting from the three separate Acts that are intended to protect adults with incapacity, those with mental health issues and others that needs support and protection,” explained Adrian Ward, convener of the Law Society’s Mental Health and Disability Committee.
“In particular, the current position under the Adults with Incapacity (Scotland) Act 2000 is inefficient and ineffective and the fragmented operation across the UK jurisdictions wastes public resources, drains legal aid funds and is expensive, time consuming and stressful for many of those involved in its procedures,” he said.
“The Adults with Incapacity (Scotland) Act 2000 was world-leading in its time but it now it is in desperate need of updating to ensure people at risk are protected,” he added. “There needs to be a massive and comprehensive review of all three areas of legislation, taking account of current UN and European human rights standards for people with intellectual disabilities.”
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