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Adults with Incapacity discussion paper

A discussion paper has been published by the Scottish Law Commission relating to Adults with Incapacity and, in particular, whether Scots law deals appropriately with incapable adults who are treated without a court order.

The issue came to a head in England and Wales after the European Court of Human Rights decision in HL v UK (also referred to as Bournewood). The response in England and Wales resulted in the much criticised deprivation of liberty safeguards in that jurisdiction.

More information on the discussion paper can be found at: