1. Capacity and Consent

2. Suite of Legislation Human Rights Act (1998)
Adults with Incapacity (Scotland) Act (2000)
Mental Health (Care and Treatment) (Scotland) Act (2003)
Adult Support and Protection (Scotland) Act (2007)
Equality Act (2010)

3. Adults with Incapacity Act 2000
To provide a legal framework for substituted decision-making where someone is unable to make a decision.
Before 2000 – Complex, inconsistent and some elements date back to middle ages.
Hierarchy of measures.

4. Roles and Responsibilities
Public Guardian.
Mental Welfare Commission.
Local Authority.
Care Inspectorate.
Health Board.

5. Adults with Incapacity Act 2000
Incapable of :
Acting or
Making decisions or
Communicating decisions or
Understanding decisions or
Retaining the memory of decisions

6. Adults with Incapacity Act 2000
Assessment under Part 5
Capable of understanding treatment.
Memory of decision.
Ability to weigh-up information.
Making a free choice.

7. Adults with Incapacity Act 2000
Inability to communicate decision.
Irrational decisions.
Fluctuating conditions.

8. Adults with Incapacity Act 2000
Medical Treatment.
Any procedure or treatment designed to safeguard or promote physical or mental health.”
Who Authorised to Assess and Sign Section 47

9. Principles of AWI Act Benefit to person Least restrictive option
Consider past and present views and preferences
Views of specific others
Encourage adult to develop and exercise skills

10. Decisions on intervention: a principle-based approach
determine whether or not the person lacks capacity
Practitioners must be satisfied that treatment should be given
Force should only be used if necessary-must be lawful and proportionate

11. The common-law principle of necessity in emergency situations (to convey the person to hospital and/or provide immediate treatment).

12. Application in Practice
Scenarios