Adults with Incapacity Reform Ministerial Oversight Group minutes: September 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
• Eddie Follan, Chief Officer, Health and Social Care, Convention of Scottish Local Authorities (COSLA)
• Jenni Cannon, Head of Legal and Policy, Scottish Human Rights Commission
• Julie Paterson, Chief Executive, Mental Welfare Commission
• Lorna Elliot, Deputy Chair, Mental Health Officer Subgroup, Social Work Scotland
• Lynda Towers, Convener, Mental Health and Disability Sub-Committee, 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
• Tim Barraclough, Executive Director, Tribunals and Office of the Public Guardian, Scottish Courts and Tribunals Service (SCTS)
• Adults with Incapacity Team, Scottish Government Officials 

Items and actions

Welcome 

The Chair welcomed attendees and invited members to introduce themselves.

AWI reform: overview and purpose

AS provided an overview of the Adults with Incapacity (AWI) reform programme, outlining: 

• the purpose and collaborative approach 
• key workstreams and the critical path
• the importance of transparency underpinning the group's work

The full presentation (has/will) been published separately for reference.

Discussion

• members agreed that work should begin with the issue of deprivation of liberty
• it was noted that the group should monitor the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Nothern Ireland Act 1998 - UK Supreme Court case and any forthcoming decision from the UK Supreme Court 
• members offered to support various aspects of the work and suggested a discussion on how best to engage with local authorities, recognising the diversity of perspectives, including those of local authorities legal teams 
• a social care perspective should be included in this engagement 
• it was proposed that frontline social care staff be invited to join the Expert Working Group (EWG), whose first meeting is scheduled for next week 

Group terms of reference 

SG officials sought agreement on the draft terms of reference (ToR). 

Comments

• section 2 should explicitly reference social care 
• under membership, it was suggested that statutory advocacy be considered for inclusion
• SOLAR was suggested as a potential contributor, possibly for the EWG 

Action

• to review and consider group membership, including the inclusion of SOLAR (potentially for EWG) and report back to the group

Additional works to consider 

SG officials outlined two key focus areas for the development of the work: 

• lived experience 
• impact assessments

They highlighted the importance of incorporating lived experience into this work and expressed interest in understanding the current networks and forums that support this. 
Members had no comments at this stage. The Scottish Government will keep the ministerial oversight group informed of progress as the approach is developed.

Actions and next steps 

• a note of meeting will be circulated
• membership of the EWG will be shared with this group to allow suggestions for additional members
• consideration to be given to engaging with SOLAR contacts to ensure alignment with local authorities
• the ToR to be updated and circulated to members for agreement 

Any other business

• a question was raised regarding the implementation of proposals, particularly in relation to capacity and budget
• officials advised that these issues will be considered by the EWG and through the impact assessment process

It was noted that resource constraints could have unintended consequences, including limited access to legal advice for individuals.