Clarity needed on proposed legislation to protect neurodivergent individuals

In response to the Scottish Government's consultation on the proposed Learning Disabilities, Autism, and Neurodivergence Bill, the professional body for Scottish solicitors has submitted its recommendations to ensure that the legislation is clear, effective, and does not inadvertently discriminate against individuals with similar needs.

Lynda Towers, Convener of the Law Society’s Mental Health and Disability Committee, emphasized the Society's support for initiatives to enhance the protection, respect, and advocacy of the rights of neurodivergent individuals and those with learning disabilities. However, she highlighted the importance of clarity in the proposed laws to avoid unintended consequences and ensure practical implementation.

Towers stated, “The current lack of support for neurodivergent individuals and those with learning disabilities may stem partly from a lack of awareness and understanding of existing legislation. Any new legislation in this domain must result in tangible improvements to people’s lives."

The consultation, prompted by the final report of the Scottish Mental Health Law Review, seeks input on comprehensive reform of Scotland's mental health and capacity laws. The Law Society's response underscores the need for holistic and inclusive legal frameworks that address the diverse needs of individuals across all relevant areas of law.