Working together towards a Learning Disabilities, Autism and Neurodivergence Bill: March 2026 Current proposals for potential Bill provisions

Ministerial foreword

Neurodivergent people and people with learning disabilities have talents to share, aspirations to pursue, and lives to lead as valued members of their families and communities. They can think differently, experience the world differently, and bring perspectives that enrich our society. These differences should never result in stigma, disadvantage or exclusion. However, many people continue to experience this.

As Minister for Social Care and Mental Wellbeing, I am committed to creating a Scotland where equality of opportunity is not just an aspiration, but should always be a reality for everyone. This means embedding inclusion, equality, and human rights at the heart of all we do. Whilst Scotland has made good progress there is still more to do to ensure that neurodivergent people and people with learning disabilities receive the recognition, respect, and support they deserve.

That is why I am pleased to present this paper which sets our current thinking on the potential provisions of a Learning Disabilities, Autism and Neurodivergence (LDAN) Bill, as an important next step towards a potential Bill that could better protect, respect and promote the rights of these groups, within a devolved context.

The LDAN Bill proposals are intended to align with Scotland’s population Health Framework, which calls for sustained, cross-sector action to tackle entrenched health inequalities. The proposals are also intended to align with the Health and Social Care Service Renewal Framework, which places a strong emphasis on preventative action aiming to shift the health and social care system toward proactive early intervention and better population health outcomes. Similarly, the LDAN Bill proposals aim to embed prevention and early action. For example, through statutory planning, data collection, and improved workforce awareness and understanding, helping services to better recognise and respond to needs before they escalate into crisis situations.

This paper therefore sets out our current thinking on how a potential LDAN Bill could help to make sure that law, policy and frontline services are developed and delivered in a way that better respects, protects and promotes rights. It sets out the progress we have made since the public consultation and reflects where we believe real and lasting change could be achieved whilst remaining focused on delivering sustainable person-centred public services.

These proposals are, of course, subject to future decisions by a future government should it wish to proceed with the Bill’s development following the 2026 Scottish Parliament election.

Development of the proposed LDAN Bill has been guided by a human rights-based approach. At every stage, we have worked alongside neurodivergent people and people with learning disabilities, as well as Disabled People-led and Autistic People-led organisations. Lived experience has been central to this process primarily through our Lived Experience Advisory Panel (LEAP), whose insight, expertise, and energy has been invaluable in understanding the barriers they face in Scotland today. We have also collaborated closely with our Stakeholder and Practitioner Panels, which bring together organisations, charities, and practitioners who provide vital support and services to neurodivergent people and people with learning disabilities, and which also include representation from people with lived experience.

The proposed LDAN Bill would represent an important opportunity to create a society where neurodivergent people and people with learning disabilities are understood and valued as equal citizens and create a society where they can live healthy, happy and fulfilling lives.

However, legislation alone cannot deliver the inclusive and equal Scotland we aspire to be and this proposed Bill is not a single solution. A long-term, systemic, and sustainable solution requires a whole system approach in line with the principles of public service reform. This Bill, if introduced by a future government, would therefore form part of a whole system approach to embed good practice across the public sector. For example, it would complement the work of the separate McManus Review. This short, sharp review focused on the lessons learned from previous policy approaches to Additional Support Needs, and set out next steps, with a view to closing the implementation gap.

We also continue to work in partnership with COSLA, local authorities, the NHS, other agencies, and the third sector to drive further changes, recognising the ongoing financial and operational challenges facing many public services, particularly in the context of increasing demand for support.

Finally, I want to express my sincere gratitude to all of you who have contributed to this process, particularly the members of the LEAP, Stakeholder Panel, and Practitioner Panel. Your commitment, insight, and collaboration have been essential in getting to this point.

Tom Arthur MSP, Minister for Social Care and Mental Wellbeing