nor provide enough support to enable the adult to make their own decisions. Further, rather than making the process less complex, we ran the risk of creating more bureaucracy, which certainly was not the intention. The need for multiagency training was a recurring theme, as was the need for independent advocacy to be given the same priority in AWI legislation as it has in mental health legislation. Many respondents commented on the need to strike the right balance between supporting individuals and upholding their rights, and the viable provision of care, and were of the view that the consultation proposals do not do this. This report will provide a summary and analysis of the consultation, chapter by chapter, with the intentions of the Scottish Government outlined after each chapter. What happens next? The intention behind the proposed reforms to the AWI legislation is to maximise the autonomy and exercise of legal capacity of individuals with cognitive impairment so that genuine non - discriminatory respect is afforded for a person’s rights, will and preference, in keeping with the provisions of the UN Convention on the Rights of Persons with Disabilities. However as will be clear from reading this paper, many consultation responses were of the strong opinion that this aim was not achieved. We will therefore be working closely with a wide range of stakeholders over the autumn to adjust the proposals where required so that they more accurately reflect the original aims for the reform of this legislation. To achieve this we intend to: Reframe the principles of the AWI legislation to ensure that the adult’s rights, will and preferences are paramount, that any intervention in an adult’s life is genuinely the least restrictive, and for the shortest period of time, and that the principles are adhered to by all persons involved in acting on behalf or in support of the adult Work with a small group of stakeholders to firm up the policy around deprivation of liberty for persons lacking in capacity Provide a more flexible means of guardianship so that it can be more easily tailored to a person’s individual situation and be less restrictive than at present, ensuring that the system fully accommodates the need to ensure the adult’s rights will and preferences are accounted for, but in doing so take account of the concerns that the consultation proposals are too wide ranging and risk creating more complex systems than before.
nor provide enough support to enable the adult to make their own decisions. Further, rather than making the process less complex, we ran the risk of creating more bureaucracy, which certainly was not the intention. The need for multiagency training was a recurring theme, as was the need for independent advocacy to be given the same priority in AWI legislation as it has in mental health legislation. Many respondents commented on the need to strike the right balance between supporting individuals and upholding their rights, and the viable provision of care, and were of the view that the consultation proposals do not do this. This report will provide a summary and analysis of the consultation, chapter by chapter, with the intentions of the Scottish Government outlined after each chapter. What happens next? The intention behind the proposed reforms to the AWI legislation is to maximise the autonomy and exercise of legal capacity of individuals with cognitive impairment so that genuine non - discriminatory respect is afforded for a person’s rights, will and preference, in keeping with the provisions of the UN Convention on the Rights of Persons with Disabilities. However as will be clear from reading this paper, many consultation responses were of the strong opinion that this aim was not achieved. We will therefore be working closely with a wide range of stakeholders over the autumn to adjust the proposals where required so that they more accurately reflect the original aims for the reform of this legislation. To achieve this we intend to: Reframe the principles of the AWI legislation to ensure that the adult’s rights, will and preferences are paramount, that any intervention in an adult’s life is genuinely the least restrictive, and for the shortest period of time, and that the principles are adhered to by all persons involved in acting on behalf or in support of the adult Work with a small group of stakeholders to firm up the policy around deprivation of liberty for persons lacking in capacity Provide a more flexible means of guardianship so that it can be more easily tailored to a person’s individual situation and be less restrictive than at present, ensuring that the system fully accommodates the need to ensure the adult’s rights will and preferences are accounted for, but in doing so take account of the concerns that the consultation proposals are too wide ranging and risk creating more complex systems than before.
adultswithincapacityrefor44.docx