Report praises Incapacity Act

Report on the Adults with Incapacity Act finds room for improvement but the Act is meeting its main aims

News, 29 October 2004

A report on the operation of the Adults with Incapacity (Scotland) Act 2000 says that the legislation is yielding real benefits for adults with incapacity and those who care for and about them.

The research for the report was undertaken by a partnership of Alzheimer Scotland and the Scottish Development Centre for Mental Health. The main findings were:

- the Act is broadly meeting its central aims to provide enhanced and additional protection for people who may benefit from its provisions;
- those who participated in the study generally welcomed having more flexible options for the management of the welfare or financial affairs of individuals;
- use of the Act varied between different parts of the country but usage had remained steady and was increasing each year;
- there needs to be greater awareness of the Act amongst professionals and bodies with a potential role to play and amongst those who could use or benefit from its provisions;
- the central role of lay people, acting as carers and proxies for adults with incapacity, is critical to the successful operation of the reforms;
- the work also uncovered processes which could benefit from simplification.

Responding to the report, Deputy Justice Minister Hugh Henry said in a letter to the Parliament's Justice 2 Committee that the Executive is committed to tackling issues which may inhibit the Act's objectives being fully realised. The letter also announces two new initiatives:

- The arrangements for legal aid for proceedings under the Act, which have been a major source of concerns, are to be changed. Free legal aid will be available for welfare guardianship proceedings and also advice and assistance will be available, based on the resources of the adult with incapacity;
- A new National Practice Co-ordinator for adults with incapacity will start work next month.

Mr Henry added:

"This Act is one of the achievements of devolution but it is not a piece of legislation that will be set in stone and we will continue to learn from experience. The issues raised in this report need careful consideration. I think we should be proud that we do not regard the job as done once the legislation has been passed. We all have a responsibility to ensure that this Act works on the ground for the people who need it."

David McClements, a member of the Law Society of Scotland's Mental Health and Disability Committee, said:

"The Society had highlighted the need for legislation for adults with incapacity at Westminster for many years but legislation was not brought forward due to 'lack for parliamentary time'. Thankfully the Scottish Parliament recognised the urgent need for change and ensured parliamentary time was available to make the new laws."