Scotland’s new Adults with Incapacity Bill and Mental Health Reforms: what is coming?
Tuesday 06th May 2025
Scotland is at a pivotal moment in the reform of its mental health and capacity laws. The Scottish Government is responding to calls for change, driven by the findings of the Scottish Mental Health Law Review (SMHLR). This includes an urgent need to address the complexities of Adults with Incapacity (AWI) legislation, ensure mental health practices are aligned with human rights, and improve accountability and support mechanisms across the care and treatment landscape.
At the heart of these reforms is a drive to empower individuals—giving them greater choice and control over their lives, care, and treatment. For adults with incapacity, this means rethinking guardianship and powers of attorney frameworks to provide stronger protections and greater accessibility. For mental health care, it involves embedding a human-rights-based approach to reduce coercive practices and enhance supported decision-making. Yet, these changes face significant challenges, including balancing the realities of constrained public finances with the ambition of transformative reform.
Scotland’s legal frameworks around capacity and mental health have a profound impact on individuals, families, carers, and wider society. Gaps in the current legislation risk leaving vulnerable individuals without adequate safeguards, while inconsistent access to advocacy and support services undermines the dignity and autonomy of those who need them most. The wider policy landscape - including the National Care Service reforms, equality monitoring, and the drive for accountability - provides a unique opportunity to reimagine Scotland’s approach to care and rights. But how do we translate ambition into action?
This conference will examine these critical issues across three sessions:
- Reforming capacity and incapacity law in Scotland
- Advocacy and reducing coercion in mental health care
- Equalities and accountability in mental health capacity reform
Topics to be discussed
- Reforming Capacity and Incapacity Law in Scotland
- Modernising Powers of Attorney and Guardianship
- Improving Rights-Based Approaches in Incapacity Law
- Advocacy and Reducing Coercion in Mental Health Care
- Enhancing Advocacy and Supported Decision-Making
- Addressing Coercion and Restrictive Practices
- Equalities and Accountability in Mental Health Capacity Reform
- Tackling Inequalities in Access to Mental Health Services
- Strengthening Accountability Mechanisms in Mental Health Care
Who should attend
All those involved in the reform, delivery, and management of mental health and capacity services in Scotland, including:
- Legal professionals specializing in health, human rights, and incapacity law
- Mental health practitioners, including psychiatrists, psychologists, and community mental health workers
- Policy-makers and government representatives working on health, care, and equality reforms
- Local authority and NHS staff responsible for delivering mental health and capacity-related services
- Advocacy and support organizations, including those working with carers and individuals with lived experience
- Social workers, care home managers, and guardians responsible for implementing AWI legislation
- Researchers and academics specializing in health law, mental health, and human rights
- Third sector organizations working in mental health, disability rights, and equality
Speakers
Colin McKay
Professor
Centre for Mental Health and Capacity Law, Edinburgh Napier University
Irene Oldfather (Dr)
Director of Strategic Partnerships, External Affairs and Outreach
ALLIANCE (Health and Social Care Alliance Scotland)
Suzanne Swinton
CEO
Scottish Independent Advocacy Alliance
Agenda
Tuesday 06th May 2025
09:15 Chair's opening remarks
Session 1: Reforming Capacity and Incapacity Law in Scotland
09:20 Keynote Speaker
09:40 Question and answer session
09:55 Modernising Powers of Attorney and Guardianship
- Simplifying processes for obtaining and managing Powers of Attorney
- Ensuring better safeguards and clarity around guardianship roles
- Addressing financial and welfare management within a new guardianship framework
10:10 Improving Rights-Based Approaches in Incapacity Law
- Embedding human rights into decision-making and care models
- Addressing deprivation of liberty and the importance of appeal mechanisms
- Strengthening training and guidance for professionals in AWI cases
10:25 Question and answer session
10:40 Comfort break
Session 2: Advocacy and Reducing Coercion in Mental Health Care
10:55 Enhancing Advocacy and Supported Decision-Making
Suzanne Swinton, CEO, Scottish Independent Advocacy Alliance
- The role of independent advocacy in empowering individuals
- Developing frameworks for supported decision-making in practice
- Ensuring accessible advocacy services for all who need them
11:10 Addressing Coercion and Restrictive Practices
- Reducing the use of restraint and seclusion through legislative reform
- Community-based approaches to minimize coercion in care
- Practical strategies for supporting recovery and autonomy
11:25 Question and answer session
11:40 Comfort break
Session 3: Equalities and Accountability in Mental Health Capacity Reform
11:55 Tackling Inequalities in Access to Mental Health Services
Dr Irene Oldfather, Director of Strategic Partnerships, External Affairs and Outreach, ALLIANCE (Health and Social Care Alliance Scotland)
- Identifying and addressing barriers to equitable mental health care
- Using data to monitor inequalities and drive improvements
- Prioritizing marginalized groups in reform implementation
12:10 Strengthening Accountability Mechanisms in Mental Health Care
Colin McKay, Professor - Centre for Mental Health and Capacity Law, Edinburgh Napier University
- Developing robust frameworks for monitoring rights and care standards
- Ensuring transparency and accountability in mental health services
- Involving individuals with lived experiences in shaping reforms
12:25 Question and answer session
12:40 Chair's closing remarks
Speakers
Colin McKay
Professor
Centre for Mental Health and Capacity Law, Edinburgh Napier University
ENUMentalHealth
colinimckay
I joined the Centre for Mental Health and Capacity Law as a Professor in 2020. From 2014 to 2020 I was the Chief Executive of the Mental Welfare Commission for Scotland. From 1999-2014 I was a civil servant (from 2004 senior civil servant) with the Scottish Government. Areas I worked on included justice policy, public service reform, strategy, and mental health. I was secretary to the Millan committee on mental health law and the MacLean committee on serious violent and sexual offenders. I trained as a solicitor and from 1989-1998 was a legal and policy adviser with ENABLE Scotland.
I am a member of the Executive of the review of mental health law led by John Scott QC, and previously chaired a working group of the Wessely review of the English Mental Health Act.
Irene Oldfather (Dr)
Director of Strategic Partnerships, External Affairs and Outreach
ALLIANCE (Health and Social Care Alliance Scotland)
ALLIANCEScot
IreneOldfather
Irene represents the ALLIANCE on a range of national and Advisory bodies including the Health and Social Care Partners Group, the IHub Board, the Focus on Dementia Advisory Forum and Living Well in Communities Board.
As Scotland’s Third Sector representative on the European Economic and Social Committee (EESC) working across the ALLIANCE and third sector to ensure a strong voice for the Sector in this difficult and uncertain pre Brexit environment.
On a day to day basis Irene manages key areas of ALLIANCE activity such as Carer Voices, Sensory Impairment, Neurological Conditions, Our Voice and Self Management.
As a former MSP and Chair of the Scottish Parliament European and External Affairs Committee she maintains a keen interest in parliamentary activities.
Special interests:
- Older People and Dementia including Charter of Rights for People with Dementia developed in Parliament
- Integration – driving change and improvement
- Working with European partners to share knowledge and practice
- Public Health/Prevention Agenda
Suzanne Swinton
CEO
Scottish Independent Advocacy Alliance
siaa_voice
Venue
This conference will take place online.
Fees
How to book
You can book to attend in 3 ways:
- Select book now on the right hand side of this page, fill in the form on that page and click the 'send booking' button
- Call 0131 556 1500
- Email mail@mackayhannah.com
Conference fees
Delegate fee (includes video recording of the conference) – £169 +VAT
Group discount – organisations booking 3 or more delegates will receive every third delegate place at half price (please complete further forms if necessary)
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