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:
Topics to be discussed
Who should attend
All those involved in the reform, delivery, and management of mental health and capacity services in Scotland, including:
Adult Social Work Policy & Practice Lead
Social Work Scotland
Professor
Centre for Mental Health and Capacity Law, Edinburgh Napier University
Director of Strategic Partnerships, External Affairs and Outreach
ALLIANCE (Health and Social Care Alliance Scotland)
CEO
Scottish Independent Advocacy Alliance
Neil Gibson
Adult Social Work Policy & Practice Lead
Social Work Scotland
Neil joined Social Work Scotland in July 2024 and brings with him experience of working in adult social work services and social work education.
Neil trained as a social worker after a short career in media, tourism, and marketing. In 2005 he worked as a member of the social work team in Aberdeen Royal Infirmary, specialising in palliative care, before moving into substance use services which were aligned with criminal justice teams across Aberdeen City, Aberdeenshire, and Moray. Neil then took up a role in Adult Support and Protection as a Senior Practitioner, and then Senior Social Worker, before going to work for Robert Gordon University where he progressed from the role of lecturer, through course leader roles, and into the Associate Dean role. During this time, Neil was involved in several social work based research projects and obtained his PhD which focused on the use of photography in therapeutic practice within social work.
Colin McKay
Professor
Centre for Mental Health and Capacity Law, Edinburgh Napier University
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)
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:
Suzanne Swinton
CEO
Scottish Independent Advocacy Alliance
Suzanne Swinton has served as Chief Executive of the Scottish Independent Advocacy Alliance (SIAA) since February 2022. With over 30 years of experience in independent advocacy - including more than a decade as CEO of Angus Independent Advocacy - Suzanne brings deep insight into the power of independent advocacy to transform lives. Throughout her career, she has seen the profound difference that independent advocacy can make in supporting individuals take control of the decisions that affect them. Suzanne remains passionately committed to strengthening the independent advocacy movement and ensuring everyone has the right to be heard and to shape their own future.
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