Social Work Scotland Response to Scottish Government Adults with Incapacity Amendment Act: Consultation
17 October 2024
Introduction
Social Work Scotland (SWS) is the professional body for social work leaders, working closely with our partners to shape policy and practice, and improve the quality and experience of social services. We welcome the opportunity to contribute to the development of the Adults with Incapacity (Scotland) Act 2000 (AWI Act) Amendments and recognise the need to do so in light of developments across international human rights legislation. The recommendations within the Scottish Mental Health Law Review (2022) resonated with the profession and we believe this presented an opportunity to update an Act which is nearly a quarter of a century old.
In particular, the foregrounding of human rights against the backdrop of amendments which would allow for greater supported decision making and a closer consideration of the use of deprivation of liberty orders and section 47 certificates was welcomed. Alongside this, considering the extension of the Mental Health Tribunal for Scotland as a means to make procedures more accessible was appreciated and, we felt, presented a real opportunity to further align with the principles of the Act.
This response is gathered from ongoing discussions with partners, alongside the views and reflections of our membership which spans local authority and third sector organisations across the range of social work provision. We have particularly sought the views of those working directly with adults who require support under the AWI Act, as well as managers and those with strategic responsibilities.
