Consultation on the Scottish Law Commission Report on Adults with Incapacity (March 2016)Type: Consultations
Topic: Policy and legislation
This consultation sought views on proposals to establish a procedure should an Adult with Incapacity have restrictions placed on their liberty. While we supported any move to avoid individuals being unnecessarily restricted, we expressed some reservations about the proposals. We highlighted the range of different settings covered by the ‘care home’ category, and wondered whether the same rules could/should apply to all of these settings. We also noted that the proposals did not include a review period, and recommended that providers be required to review restrictions on a person’s liberty at least every six months.