Shaping policies that impact neurodivergent people

The Trust contributes to public consultations (run by the Scottish Government or a Committee of The Scottish Parliament) on issues salient to our practice, the people for whom we advocate, and neurodivergence more broadly. We produce ad hoc briefings on important subjects as appropriate, too, outlining our positions on key issues.

We are pleased to respond to the Scottish Government consultation on proposed changes to the Adults with Incapacity (Scotland) Act 2000.

As part of its long-term reforms to mental health and capacity law in Scotland, the Scottish Government recently sought feedback on proposed changes to the Adults with Incapacity (Scotland) Act 2000. We welcome the Government’s commitment to updating this legislation to better align with international treaties to which the U.K. is a signatory, as well as existing and forthcoming Scottish legislation.

We are strongly supportive of the core proposal to place greater emphasis on the rights, will, and preferences of the adults affected by this law. We believe that enhancing decision-making autonomy for these individuals is vital, and we are encouraged by the steps taken to achieve this through the consultation.

It is important to recognise that neurodivergent people do not lack social skills or choose not to communicate their needs; they use different strategies. This understanding should be central to any reform.

Given the complexity of this legislation and its profound impact on the autonomy and wellbeing of those it affects, we advocate for robust, mandatory, and role-specific training for professionals. We hope to see this implemented as part of the current capacity law reforms or within the forthcoming Learning Disabilities, Autism, and Neurodivergence (LDAN) Bill.

You can read our full response below.