Reform of the Adults with Incapacity (Scotland) Act 2000 has been on the Scottish Government agenda for some time now, largely although not entirely prompted by the Bournewood and Cheshire West ruling relating to Article 5 ECHR and people who are unable to consent to a deprivation of liberty in health and social care settings.

In response to the Scottish Mental Health Law Review 2022 recommendations, the Scottish Government initiated a 10-year programme of reform in 2023 with various priorities including adults with incapacity law. It will consult shortly on proposed amendments to the Adults with Incapacity Act. These are likely to include a more streamlined guardianship process which will also address safeguards for deprivations of liberty.

In light of existing and proposed human rights frameworks in Scotland these proposals will need to take into account both ECHR and CRPD requirements. There will be the need to seek to address and resolve differences between the approaches of both treaties for people with mental disabilities (mental illness, learning disability, autism, neurodivergence, dementia, personality disorder and acquired brain injury). This raises a number of challenges which are of relevance not only to Scotland but to other jurisdictions too, including:

1. The meaning and role of ‘mental disorder’ in the context of Article 5 ECHR and the CPRD;
2. The role and efficacy, if at all, of advance consent to future restrictions of autonomy; and
3. How should we ascertain what constitutes practical and effective access to redress where a person with decision-making challenges is subject to or may be subject to inappropriate restrictions of their autonomy, including liberty.

The aim of this webinar is to consider solutions and/or approaches to these challenges with our expert panel providing a range of perspectives.

Expert Panel (confirmed speakers to date)

Professor Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health Law, School of Law and Institute of Mental Health, University of Nottingham

Adrian Ward OBE LLB, Solicitor and national and international specialist in law for people with cognitive and volitional impairments

Dr Natasha Spassiani, Lecturer in Learning (Intellectual) Disabilities, Edinburgh Napier University

This webinar will be of interest to people with lived experience of mental disabilities, their carers, supporters and families, health and social care professionals, policymakers, legislators, lawyers and the judiciary, academics and students.

Attendance at this event is free, but you must register to attend. You will receive a link to the webinar nearer the date. 

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