Adults with Incapacity Reform: Ministerial Oversight Group Minutes-Meeting 2-December 2025

Attendees and apologies

 

• Tom Arthur MSP, Minister for Social Care and Wellbeing (TA), Chair 
• Dr Roger Smyth, Legislative Oversight Forum Chair, Royal College of Psychiatrists  
• Shelley Gray, Member, Scottish Human Rights Commission  
• Lorna Elliot, Deputy Chair, Mental Health Officer Subgroup, Social Work Scotland  
• Lynda Towers, Convener, Mental Health and Disability Subcommittee, Law Society of Scotland  
• Professor Benjamin Shelley, Consultant in Cardiothoracic Anaesthesia and Intensive Care, NHS Golden Jubilee 
• Professor Jill Stavert, Professor of Mental Health and Capacity Law, Edinburgh Napier University  
• Fiona Brown, Public Guardian, Office of the Public Guardian (deputising for Tim Barraclough) 
•  Jo Savege, Adults With Incapacity Lead, Mental Welfare Commission (deputising for Julie Paterson) 
• Scottish Government Officials, Mental Health and Incapacity Law Unit  

Apologies 

• Eddie Follan, Chief Officer, Health & Social Care, Convention of Scottish Local Authorities
• Julie Paterson, Chief Executive, Mental Welfare Commission
• Tim Barraclough, Executive Director, Tribunals and Office of the Public Guardian, Scottish Courts and Tribunals Service (SCTS)
• Alison White, Chief Officer - West Lothian, Health and Social Care Scotland 

Items and actions

Welcome and opening remarks

SG officials opened the meeting, welcomed members, noted apologies, and chaired until the Minister's arrival. 
The Minister has extended an invitation to the group to AW, who accepted but could not attend this time. 
The meeting focused on Expert Working Group (EWG) progress and an update on the UK Supreme Court’s Attorney General for Northern Ireland (AGNI) case on deprivation of liberty under Article 5 of the European Convention on Human Rights (ECHR).

Governance and Transparency

The previous meeting minutes and updated Terms of Reference (ToR) for both this group and the EWG were approved. These will all be published on gov.scot. ToR review is scheduled for March 2026.

Expert Working Group Progress

Officials provided an update on behalf of the EWG noting that:

• Membership of the group has been refined to ensure balanced expertise. Additional representation from Health and Social Care Scotland (HSCS) and acute medical services remains under consideration, and how best to ensure the voice of lived experience is represented – engagement plan will be developed early 2026.  
• A draft Critical Path has been developed to June 2027, when the policy development phase of reform is expected to conclude. This covers 12 workstreams and allows time for robust design and impacting (including cost and operational feasibility) to be taken forward.  
• Deprivation of Liberty (DoL) has been prioritized, with the discovery phase for this work due to conclude at the 4th meeting of the EWG on 18 December. The workstream will move onto model development. 
• The next quarter will focus on General Principles, Powers of Attorney and Guardianships. The discovery phase of Supported Decision Making will also commence. 

Supreme Court AGNI Case

Officials updated on the October hearing, noting the outcome is pending, with timescales outside SG’s control. It should clarify the scope of DoL under Article 5 ECHR. Potential implications for Scotland’s framework are significant. Work on DoL safeguards continues within AWI reform but decisions will need to be reviewed once the UK Supreme Court ruling is issued.

Discussion Highlights

The group highlighted the need for acute sector representation in the EWG, affirmed that future models must be rights based with practical support, and requested sight of how recommendations will be made to the group. 

Agreed Actions

• Lived experience engagement plan: To be developed by SG officials
• Acute medical representation: SG officials and BS to explore options for the EWG.
• Share draft EWG workstream template with this group

Next Meeting: 17 March 2026