Disabled students express concern over passing of Adult Support and Protection Bill

The National Union of Students Scotland Disabled Students’ Campaign has expressed its concern over the vote by MSPs in favour of the Adult Support and Protection (Scotland) Bill, which was approved by MSPs last night.

Disabled students fought hard during the consultation process to ensure the Bill did not attack the human rights of disabled people and take away their independence. While the NUS Scotland Disabled Students’ Campaign welcomes the significant amendments the Executive put forward, it feels the Bill as passed still causes concern for disabled people.

The Bill gives Council Officers the ability, through a Sheriff, to enter the home of a person ‘at risk of harm’ and remove them to another place, potentially against their will. While this sounds sensible at first, it treats disabled people different to the rest of the population.

The campaign recognises that the Executive have gone some way to safeguarding a person’s autonomy but the Bill, as passed, still contains the ability for a Sheriff to disregard someone’s non-consent without the right of appeal. This, the campaign believes, may breach our human rights and leaves the authorities open to challenge under Human Rights legislation. The legislation leaves a lot of discretion up to individual council officers.

Kevin Morris, NUS Scotland Disabled Students’ Officer, said:

“While we applaud the Executive’s significant amendments to this bill, it still doesn’t fully address the issue of a disabled person’s right to determine how they live their life. A non-disabled person who is the victim of domestic abuse has the right, however much we may think it wrong, to take the decision to remain in that relationship. To deny disabled people, who are perfectly capable of making rational choices in their own lives, the chance to make these decisions is to deny them their dignity.