Mental Health( Care and Treatment)(Scotland) Act 2003 Consultation in relation to section 268 appeals against conditions of excessive security

A consultation seeking views on the way forward in respect of appeals against excessive security for mental health patients following the Supreme Court decision of M v Scottish Ministers


Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on whether we should bring forward regulations under section 268 of the Mental Health (Care and Treatment)(Scotland) Act 2003 to provide a right of appeal against conditions of excessive security for qualifying patients detained within qualifying hospitals or whether we should repeal the relevant sections in the l the 2003 Act, and following consideration of the review of patients detained within the high medium and low estate, bring forward proposals for changes to primary legislation in respect of appeals against levels of security, if this is considered necessary or desirable. We aim to issue our conclusions on this in 2013. If Scottish Ministers decide to proceed with amending legislation, Regulations will be required to be taken forward in the Scottish Parliament within a future legislative programme.



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