Under consideration PE2262: Regulate the role of Curator Ad Litem for adults in Scotland

Background information

Regulation is needed because there is currently no dedicated body responsible for overseeing the adult curator ad litem role.

The Scottish Courts and Tribunals Service (SCTS) can appoint a curator ad litem in cases involving adults where there are concerns about legal capacity.
The appointment of a curator ad litem should not become a route to substitute decision-making without proper safeguards. There are clearly curators ad litem in Scotland who act properly and with care, however, serious concerns have been raised that some curators ad litem do not.

The Scottish Legal Complaints Commission, Law Society of Scotland, Scottish Social Services Council, Mental Welfare Commission, SCTS, Lord Advocate and Police Scotland have all stated they have no authority or responsibility to regulate, or investigate complaints about a curator ad litem in adult cases.

The role should not be left to practitioners to self-regulate. If regulation is required for curators ad litem in children’s cases, then regulation is also required for curators ad litem appointed for adults.