We have written to the Minister for Social Care, Mental Wellbeing and Sport in response to the Scottish Government’s consultation on the Adults with Incapacity Amendment Act.
We welcome proposals to change the existing principles of the law, to give priority to an individual’s will before any decisions about their life are taken. We also reiterated that all steps should be taken to consider the individual rights, will and preferences of a person, before considering the views of a third party. This must include ensuring reasonable adjustments are in place, as required by Section 20 of the Equality Act 2010.
We recommend that a solid evidence base, informed by the lived experience of groups such as disabled peoples’ organisations should be developed to inform the Scottish Ministers’ equality impact assessment of any changes to Adults with Incapacity Legislation. This will help Scottish Government compliance under the Public Sector Equality Duty.
The above information is from News from the Equality and Human Rights Commission Equality Law News Newsletter Tue 05/11/2024