Consultation on Updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003 - easy read version

Introduction

This document is a Scottish Government Consultation. When the Government wants to make an important change, they must ask the people first.

This is about changes to the Mental Health Code of Practice.

The changes are about restraint and seclusion in hospital.

Restraint means stopping someone from moving freely. Seclusion means keeping someone alone in a room and not letting them leave. They should only be used as a last resort.

The Code of Practice was written a long time ago. People’s rights and the law have changed. There have been concerns about restraint and seclusion, especially for children.

What we want to do

This update looks at some parts of the Code of Practice. It does not change everything. It focuses on restraint and seclusion in hospital.

The Mental Welfare Commission for Scotland:

• Visits mental health hospitals
• Listens to people’s experiences
• Reports concerns and good practice

The Commission will also:

• collect information about restraint and seclusion
• help improve recording and reporting
• monitor use across Scotland

The changes are important for:

• people who use mental health services

• children and young people
• autistic people and people with learning disabilities
• families, carers and staff

The consultation also includes guidance about feeding through a tube in the nose (NG tube). This can be upsetting, especially if restraint is used.

The guidance is about using this only when needed, and in a safe way.

Supporting staff and services

Staff support people in difficult situations. The update helps staff by:

• giving clear guidance
• supporting safe decisions
• improving people’s rights

Other parts of the Code are also being updated.

These include guidance about people being moved into or out of Scotland, and too much security.

These changes do not create new laws.

This consultation is for:

• people with lived experience

• families and carers
• professionals and organisations

Anyone with an interest can respond.

What happens next and the legal procedure

After the consultation closes:

• all responses will be read
• a report will be written
• your views will help decide what changes are made

The Scottish Government will decide what changes they want to make.

A statement will be sent to the Scottish Parliament.

If the Parliament agrees, the changes will become law.

The updated Code of Practice will then be used.

Responding to this consultation

This Consultation will be open until 29 October

Please respond to this consultation online using our consultation hub, Citizen Space: respond to consultation

If you are unable to respond using our consultation hub, please complete the Respondent Information Form which you can find on this website: Consultation

Email the completed form to: mentalhealthlaw@gov.scot

Or post your completed form to:

Mental Health & Incapacity Law Unit

Mental Health Directorate - Room 3ER

Scottish Government

St Andrews House

Regent Road

Edinburgh

EH1 3DG

Handling your response

Please tell us if you are happy for your response to be made public on the consultation hub’s About You page. If you ask for your response not to be made public, we will keep it private.

The Scottish Government must follow the Freedom of Information (Scotland) Act 2002. This law means we may have to share information about responses to this consultation.

To find out how we handle your personal data you can see the privacy policy here: Scottish Government privacy policy

Comments and complaints

If you have any comments or complaints about this consultation, please post or email them to the addresses above.