Current status: Answered by Maree Todd on 26 September 2024
To ask the Scottish Government what progress has been made since the publication of the Mental Health Capacity Reform: Delivery Plan October 2023 to April 2025 report in June 2024.
The initial Delivery Plan for the Mental Health and Capacity Reform Programme published in June 2024 set out a range of actions being taken forward under Adults with Incapacity (AWI) and mental health law reform.
In terms of reforming capacity legislation, the AWI Amendment Act consultation was published in July and will run to October 2024 (Adults with Incapacity Amendment Act: consultation - Scottish Government consultations - Citizen Space). This builds on previous consultation work undertaken in this area and takes account of the targeted discussions that have taken place over the past year with stakeholders around specific policy proposals.
The Programme for Government 2024-25 which was published in September confirms that the Adults with Incapacity Bill will form part of the Year 4 Legislative Programme and officials have been working to progress this.
As part of work to progress mental health legislative reform, we have undertaken extensive engagement with partners to consider various aspects of the scope of compulsory care and treatment within the Mental Health (Care and Treatment) (Scotland) Act 2003, with a view to developing potential options for change. We have also begun scoping work to consider recommendations around named persons and advanced statements.