SCLD’s latest report, led by our Human Rights Intern, Struan Hay, examines the legal context and cultural and practice issues impacting the development of supported decision making in Scotland. 

The report highlights that:

• People with learning disabilities report feeling more independent and empowered when they have greater choice and control and support to make decisions.
• Many people with learning disabilities have decisions made for them based on their perceived ‘best interests’ and the development of their decision-making skills may be overlooked.

The report concludes that implementing supported decision making effectively may require changes not only to law and practice but also to how we view and value people with learning disabilities as a society.

The Scottish Government has begun a programme of mental health and capacity law reform and is considering whether a national framework or approach for supported decision making is needed.  The report says it is important that the development of any national strategy recognises that supported decision making is critical not only for the exercise of ‘legal capacity’ but also for enabling people with learning disabilities to realise the right to independent living in the community.

It states that delivering these changes for Scotland will require strong leadership as well as significant and sustained resourcing at a national and local level.

The full version of the report can be found here

Easy read can be found here