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

Suzanne Swinton

CEO

Scottish Independent Advocacy Alliance