Adults with incapacity reform: Ministerial Oversight Group

Overview

This group was launched in September 2025 to guide the reform of legislation affecting adults with incapacity, following the recommendations of the Scottish Mental Health Law Review. 

It will provide oversight of key workstreams, and ensure that policy development is informed by expert advice and stakeholder engagement.

Chaired by the Minister for Mental Health and Wellbeing, the group will meet quarterly and steer the work of the expert working group.

It is expected to report on progress and provide recommendations to ministers throughout the reform process, culminating in proposals for reform by June 2027.

Members

• Minister for Social Care and Mental Wellbeing
• Eddie Follan, Chief Officer, Health and Social Care, COSLA
• Lynda Towers, Convenor of the Mental Health and Disabilities Committee, Law Society of Scotland
• Jill Stavert, Professor of Mental Health and Capacity Law, Edinburgh Napier University
• Tim Barraclough, Executive Director Tribunals and Office of Public Guardian, Scottish Courts and Tribunals Service
• Dr Roger Smyth, Consultant Psychiatrist, Department of Psychological Medicine, Royal Infirmary of Edinburgh
• Lorna Elliot, Mental Health Officer, Subgroup Deputy Chair, Social Work Scotland
• Julie Paterson, Chief Executive, Mental Welfare Commission
• Shelley Gray, Member of the Scottish Human Rights Commission
• Dr Benjamin Shelly, Consultant in Cardiothoracic Anaesthesia and Hon. Professor at the University of Glasgow.
• Jennifer Cannon, Head of Legal and Policy at the Scottish Human Rights Commission