The Scottish Government undertook a public consultation on the creation of a new Learning Disabilities, Autism and Neurodivergence (LDAN) Bill. Proposals covered a wide range of overarching themes and sector specific issues. Independent analysis by Wellside Research of responses to the consultation was published in August 2024 (PDF of the report available here). Below you can find out more about SIAA’s views on the LDAN Bill, 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 LDAN Bill Consultation
In our response, SIAA welcomed the inclusion of independent advocacy as an overarching theme of the consultation. However, SIAA remain confident that more can be done to strengthen the proposals around independent advocacy within the context of the LDAN Bill. Our three key asks for LDAN Bill are:
- The Bill should guarantee access to independent advocacy for all people with a learning disability and neurodivergent people, ensuring that this provision is explicitly included in the LDAN Bill.
- As the Bill is drafted and implementation work on the Bill begins, part of this must be a clear roadmap to increasing access to independent advocacy, you can read our suggested roadmap in the SIAA consultation response or this news article.
- ‘Independent advocacy’ must have a clear definition in the Bill that aligns with the Independent Advocacy Principles, Standards and Code of Best Practice.
Independent analysis of LDAN Bill Consultation
The independent analysis of the consultation responses show a number of common issues identified and discussed by respondents. One of these was “The need for advocacy support to be provided, to have consistency in advocacy workers, and for them to have appropriate learning disability and neurodivergence training”. Analysis identified that around 460 respondents responded to the ‘Section 5: Independent advocacy’ proposals with ‘solid support’ for use of independent advocacy and improving access to it, with respondents noting that ‘It was felt that improved access [to independent advocacy] could have an immediate improvement to people’s lives.’
Much of SIAA’s response and views are reflected in the analysis, including:
- support for strengthening and improving access to independent advocacy;
- increased demand on independent advocacy requires more funding, resources, staffing and training for independent advocacy organisations;
- the LDAN Bill should provide a legal right to free independent advocacy in all circumstances where it is needed, and not just in specific cases for specific people – this is essential to avoid eroding rights that people with learning disabilities and autistic people would lose if removed from Mental Health Law;
- any developments related to advocacy should involve and be informed by those with lived experience;
- increasing the understanding of and learning about independent advocacy among people covered by the LDAN Bill as well as public services;
- earlier and preventative access to independent advocacy.
The consultation analysis noted that “Many agreed with, or stressed the need to remove learning disability and autism from the current definition of mental illness or disorder.” SIAA would like to emphasise that if ‘learning disability and autism’ were in fact removed from the scope of mental health and incapacity legislation, it would mean people with learning disabilities and autistic people would lose the right of access to independent advocacy – which is currently a broad right, not specific to mental health settings or services. This would role back rights for the very people this Bill seeks to increase rights protections for. To protect against this, SIAA strongly recommend that the right of access to independent advocacy is included in the LDAN Bill. If this is not done, there is a real danger that the people for whom the LDAN Bill is aiming to increase rights protections for will lose access to an essential human rights tool. Independent advocacy increases everyday accountability, enables supported decision-making, participation and access to justice, these areas clearly and consistently identified by those with lived experience as important to improving their quality of life and access to their rights.
This is reflected in the consultation analysis as respondents consistently argued that independent advocacy proposals for the LDAN Bill and a right of access should be included in the Bill: “Both organisations and individuals were vocal that the Bill should provide a legal right to free advocacy in all circumstances where it is needed and not just in specific cases for specific people”
Independent advocacy section is covered in detail from pages 60-66 of the consultation analysis. However, independent advocacy is mentioned frequently throughout many sections of the analysis document.
Independent advocacy was also mentioned in connection with supporting people to access complaints processes, housing, social security, justice, and transition to adulthood.
Note on independent advocacy terminology and models
SIAA are disappointed that the consultation analysis frequently refers to ‘advocacy’ when it appears to mean ‘independent advocacy’. In our consultation response, SIAA suggested that Scottish Government and other stakeholders consistently refer to ‘independent advocacy’ rather than ‘advocacy’.
We know that there is a need for increased understanding around what independent advocacy is. As stated in the original consultation document, a shared and clear definition of independent advocacy is vital 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 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 different forms but suggest that the value of different forms of advocacy cannot be fully recognised without being clear about what is being discussed.
SIAA also note that one part of the consultation analysis document says that ‘collective advocacy [should] be championed alongside independent advocacy’. Collective advocacy is a specific model of independent advocacy. The diagram below visually illustrates the different models of independent advocacy provided in Scotland. This statement in the consultation analysis also reinforces the need for awareness raising and learning around what independent advocacy actually is.
You can read more about the models and defintion of independent advoacy in our 2024 briefing ‘A Definition for Independent Advocacy‘.
Scottish Government next steps for LDAN Bill
Scottish Government have said they are carefully considering what they have heard during the consultation process to help inform development of the LDAN Bill.
The Scottish Government’s Programme for Government (PfG) 2024-25 announced a commitment to continuing to develop proposals for the Bill and indicates that Scottish Government will publish draft Bill provisions. It is their intention to publish these provisions in order to seek people’s views on finalised proposals and how the legislation will be framed.
