The Scottish Government undertook a public consultation on the Adults with Incapacity (AWI) Amendment Act in autumn 2024. The Scottish Government have recently published their analysis of the consultation responses.
The consultation was about proposals for updating the AWI Act to reflect the significant changes in both legislation and case law as well as recommendations from the Scottish Mental Health Law Review (SMHLR). Proposals include making the law more person centred and finding ‘practicable’ steps to ascertain the will and preferences of the adult when decisions are made. The Scottish Government say the amendments to the Act will be the first step in a wider programme of work to reform mental health and incapacity law in Scotland over the next ten years.
Below you can find out more about SIAA’s views on the proposals for the AWI Amendments Act, important takeaways from the analysis related to independent advocacy and the next steps Scottish Government have identified for this area of work.
SIAA’s response to AWI Amendments Act Consultation
In our response, SIAA welcomed the mention of independent advocacy in the consultation overview as a ‘means of empowering people to have their voices heard and realise their rights.’ SIAA five recommendations for the Act amendments were:
- Include an explicit right of access to independent advocacy for people under the updated AWI Act
- Use guidance to adopt an ‘opt-out’ signposting pathway for independent advocacy provided in connection with the Act
- Adopt the definition of independent advocacy agreed by SIAA members and include it in the Act and guidance
- Increase understanding of independent advocacy as a supported decision-making tool
- Sustainably increase provision of and resourcing for independent advocacy organisations.
Independent analysis of LDAN Bill Consultation
The Scottish Government analysis of the consultation responses demonstrated broad support for the proposals for reform including requiring that all practicable steps are taken to ascertain the will and preferences of the adult before any action is taken under the AWI Act. However, many respondents expressed concern about resourcing for the current and reformed systems.
SIAA are encouraged to see that a key aspect of the consultation responses pulled out in the analysis was independent advocacy:
“Of note, however, is the fact that the vast majority of responses highlighted at different points in the consultation the need for increased awareness and availability of independent advocacy.”
Much of SIAA’s response and views are reflected in the analysis, and shared with many other respondents, including:
- Almost all responses called for additional independent advocacy provision in questions related to supported decision-making.
- Suggestions that independent advocacy should be an ‘opt-out’ service under AWI.
- Any training created for power of attorneys should be human rights-based and emphasize supported decision-making.
- When considering deprivation of liberty many respondents highlighted the need for independent advocacy.
When answering questions relating to appeals processes under an amended AWI Act, respondents mentioned independent advocacy frequently. The majority view of respondents was that the adult should have access to independent advocacy services as they can provide unbiased support to the adult, helping them navigate the appeal process and ensuring their voice is heard. Respondents also identified that independent advocacy would improve the accessibility of appeals. Recommendations from respondents included ‘opt-out’ provision and increased resources for the sector.
Note on independent advocacy terminology and models
SIAA welcome the Scottish Government’s increasing use of the phrase ‘independent advocacy’ which can be seen in the consultation analysis. We know that there is a need for increased understanding around what independent advocacy is. SIAA recommend a shared and clear definition of independent advocacy for progressing this work – which both SIAA and our members are keen to support, as evident in the extensive work we have done in this area to date.
Clarifying the concept of independent advocacy involves consistently using the term ‘independent advocacy’ instead of just “advocacy”. This helps to raise its profile, differentiating it from other types of advocacy, which are not independent, or provide different functions. For example, the advocacy work relevant to national campaigning or the law. SIAA fully recognise the value of advocacy in its many different forms but suggest that the value of different forms of advocacy cannot be fully recognised without being clear about what is being discussed.
The diagram below visually illustrates the uniqueness of independent advocacy through showing different models and components of independent advocacy provided in Scotland.

Scottish Government next steps for AWI Act Amendments
Scottish Government have said the analysis of the responses received will be used to inform development of the proposed changes to the Adults with Incapacity (Scotland) Act 2000 in line with the Scottish Government’s Programme for Government 2024/25.
You can read the full analysis on the Scottish Government’s website. They have also published the analysis in Easy Read.
The Scottish Government’s Mental Health and Capacity Reform: delivery plan October 2023 to April 2025 lays out planned steps for reform.