Retrieved from <a href="https://www.gov.scot/publications/analysis-response-scottish-governments-consultationon-scottish-law-commissions-review-adults/" target="_blank">https://www.gov.scot/publications/analysis-response-scottish-governments-consultationon-scottish-law-commissions-review-adults/</a> [accessed 6 October 2021]
On deprivation of liberty, the main themes emerging from this consultation were:
there is a compelling need to ensure a lawful process is in place for people who may need to be deprived of their liberty in community or hospital settings and lack capacity to agree to such a placement
the changes proposed by the Scottish Law Commission would result in a huge workload for an already pressurised system and workforce
any changes to the law should take place within the context of a wider revision of adults with incapacity legislation
On changes to the current legislation more generally, the most popular areas suggested for change were:
a move to a form of graded guardianship, similar to that proposed by the Public Guardian
consideration of a change of jurisdiction for adults with incapacity, that is to say who has authority to hear and determine a case in the event of a dispute: a shift was proposed from the local sheriff courts to a specialist tribunal
creation of a short term, emergency placement order that can be put in place quickly
consideration of changes needed to implement the UN...