Information regarding the Use of Force Act 2018: FOI release

Information requested

Information regarding whether there are plans, policy or timetable for the Scottish Government to extend the reach of the Use of Force Act 2018 in Scotland. If yes, is there a timetable.

Response

With regards to your query on the Use of Force Act 2018. The provisions in the Act cover England and Wales only.

In Scotland, there is currently no statutory duty to report on the use of restraint in mental health settings. Our mental health legislation is based on principles which include those of least restriction, and that the need for any intervention must be for the benefit of the patient.

The Scottish Government is clear that alternatives to physical restraint should always be considered first, and the use of physical restraint should only ever be a last resort, for the shortest period of time, to ensure safety.

Health Boards should ensure that they have policies in place covering all forms of restrictive practice and that staff receive appropriate training. Before any restrictive practice is considered, we expect that other interventions are considered. It is the expectation that episodes of restraint are recorded in clinical case records. Healthcare staff have a professional responsibility to accurately record all elements of a patient’s care and treatment including any use of restraint and the reasons for this.

A critical incident review should take place locally if an injury occurs during the use of restraint, and any serious injury should be reported to the Mental Welfare Commission.

You may be interested to know we have established the Mental Health and Capacity Reform Programme in response to the Scottish Mental Health Law Review. We published the initial delivery plan under the Programme, which is centred around three strategic aims: Law Reform, Improving Support and Strengthening Accountability. This will help us over time to achieve our vision; to enable people to live well, with choice and control over their lives, care and treatment.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.