Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: consultation analysis and SG response

8. Conclusion

Responses to the consultation showed broad support for extending recorded matters to relevant forensic mental health orders. Respondents generally considered the proposal necessary, proportionate and consistent with parity, participation and human rights compliance.

The analysis also shows that support was not unconditional. The practical value of the reform will depend on implementation. Important requirements identified were clear guidance, accessible information, training, standardised documentation, advocacy and legal support, realistic assessment of service capacity and early monitoring.

The main risks identified were that recorded matters could increase pressure on already stretched services, create unrealistic expectations, generate additional Tribunal activity, or highlight unmet need without creating the resources required to meet it. These risks were generally presented as matters to manage through implementation planning, resourcing and future reform, rather than as reasons not to proceed.

Overall, the consultation responses support proceeding with the proposed Order. Implementation planning will need to address preparation, accessibility, consistency, monitoring and the wider service conditions needed for recorded matters to deliver meaningful benefit for forensic patients, named persons, families and carers.

Scottish Government response and next steps

We would like to begin by thanking all stakeholders who took the time to consider and respond to the consultation. Your views have been invaluable and are greatly appreciated. We would also like to extend a special thanks to those who contributed their perspectives from lived experience. Your voices are particularly important, and we are sincerely grateful for your time and insight.

We will consider the responses received as part of finalising the 2026 Proposed Draft Order and preparing for the next stage of the remedial order process.

One stakeholder proposed amendments to the 2026 Draft Order, and these are currently under consideration. These suggested changes are mostly about making the wording clearer and more consistent, and making sure the rules around applying to the Tribunal are equivalent for relevant forensic orders.

The consultation responses raised a number of issues about implementation. These included guidance, forms, accessible information, training, advocacy support, preparing services, resourcing and monitoring. We will consider these issues as part of implementation planning with relevant delivery partners.

Implementation planning will also consider how guidance and communications can support patients who may face barriers to exercising application rights. This includes patients without a named person or who may require additional advocacy, legal or communication support.

We will also consider the consultation feedback on the interim impact assessments. Respondents did not identify significant concerns requiring substantial amendment to the Equality Impact Assessment, Child Rights and Wellbeing Impact Assessment or Business and Regulatory Impact Assessment. Feedback on the impact assessments focused mainly on practical implementation issues. These included accessible information, interpretation and communication support, children and family contact, advocacy provision and the potential operational effects for public bodies and third sector organisations. We will consider these points as the impact assessments are finalised and as implementation planning progresses.

Respondents also highlighted the importance of monitoring implementation after commencement. We will consider how early learning can be gathered to identify any issues relating to consistency of practice, accessibility, Tribunal capacity, workforce effect, non-delivery of recorded matters and equality of access.