Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S7W-04475 · Session 7

What information it holds regarding delayed hospital discharge attributable to the absence of a welfare power of attorney or to the require…

Answered Asked by Carol Mochan Lab Lodged 23 Oct 2026

The question

To ask the Scottish Government what information it holds regarding delayed hospital discharge attributable to the absence of a welfare power of attorney or to the requirement to obtain guardianship under the Adults with Incapacity (Scotland) Act 2000, and how many occupied hospital bed days were associated with such delays in the most recent year for which figures are available.

The answer

Answered by Alison Thewliss on 6 Nov 2026 · 14 days after it was lodged, on time

Public Health Scotland publishes monthly official statistics on Delayed Discharges in NHS Scotland. This publication includes the number of people at each monthly census point, and the number of bed days occupied by delays each month, where the main reason for delay was recorded as Code 9 – Adults with Incapacity Act (AWI). Code 9 AWI reasons apply to delayed discharges from the point a person is identified as lacking capacity to consent to decisions about their care in the absence of a welfare power of attorney, throughout the guardianship application process, including consideration of whether discharge can be progressed using 13zA of the Social Work (Scotland) Act 1968, and until guardianship is appointed or the application is dismissed.The latest published statistics show that during September 2026, 11,482 bed days across NHS Scotland were occupied by delays where the main reason recorded for delay was Code 9 – Adults with Incapacity, an average of 389 per day. During financial year 2025-26, 151,115 bed days were occupied by delay for Code 9 Adults with Incapacity reasons, an average of 414 per day.https://publichealthscotland.scot/publications/delayed-discharges-in-nhs-scotland-monthly/We would strongly encourage everyone in Scotland to set up a power of attorney. You can do this at any point in your life. It’s important to have this in place while you have capacity. You don’t need to wait until you become unwell or are diagnosed with a specific condition.We would strongly encourage everyone in Scotland to set up a power of attorney. You can do this at any point in your life. It’s important to have this in place while you have capacity. You don’t need to wait until you become unwell or are diagnosed with a specific condition.

In the Official Report

No contribution in the Official Report cites S7W-04475 by reference.