Last week, alongside the publication of its Programme for Government 2026–2031, the Scottish Government confirmed to SWAN and other organisations involved in the Bill’s development that it would no longer take forward the Learning Disabilities, Autism and Neurodivergence (LDAN) Bill.
We are deeply disappointed by this decision.
We know that there were differing views across our community about particular elements of the proposed Bill. SWAN, alongside many other autistic-led organisations and organisations supporting neurodivergent people and their families, worked over several years to inform its development, advocate for changes and create opportunities for as many people as possible to contribute through consultations, focus groups and other forms of engagement.
Many autistic people and their families gave their time, energy and trust to this process. Some shared deeply personal and traumatic experiences in the hope that the Bill would lead to meaningful change, stronger protection of people’s rights and greater accountability.
The decision not to proceed with the Bill represents more than the loss of a proposed piece of legislation. After years of engagement, it will leave many neurodivergent people and organisations feeling demoralised and understandably distrustful of future consultations and promises of reform.
When people are asked to revisit painful experiences to help shape policy, there is a responsibility to demonstrate how their contributions have influenced decisions and what will happen as a result. Lived experience cannot simply be gathered and then set aside. The Scottish Government must now be transparent about how the extensive evidence, learning and recommendations generated through the LDAN Bill process will be carried forward.
The Programme for Government includes commitments to:
- Improve neurodevelopmental support so that people can access the right support at the right time
- Expand Learning Disability Annual Health Checks
- Continue delivering the Coming Home Action Plan
- Increase the availability of Changing Places Toilets
- Continue improvement work across health, education and wider public services
These commitments have the potential to make an important difference. However, programmes, action plans and service improvements do not automatically replace the strategic direction, legal protections and mechanisms for accountability that legislation could have provided. And with significant reforms proposed across the NHS this may have an impact on any proposed improvements for support.
We would welcome further clarity about how these commitments will be funded, delivered and evaluated; the timescales for implementation; and how progress will be monitored and held accountable. It is essential that autistic people, people with learning disabilities and other neurodivergent people remain meaningfully involved—not only through consultation, but in development and design, implementation, evaluation and ongoing decision-making.
SWAN remains committed to working constructively with the Scottish Government to ensure that autistic people’s voices and experiences continue to shape policy and practice. We will continue to advocate for autistic people’s rights and for accessible, accountable public services across health, education and other areas of public life.
We will also spend time listening to our community and working with autistic advocates and partner organisations to consider what the decision means and how we can collectively respond to the loss of the Bill and support further progress
Although the LDAN Bill will no longer proceed, the inequalities and barriers it sought to address remain. As does our commitment to challenging them. SWAN will continue to work with our community, the Scottish Government and other partners towards meaningful and lasting change.