Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: child rights and wellbeing impact assessment
Child rights and wellbeing impact assessment (CRWIA) on the Order to amend the Mental Health (Care and Treatment) (Scotland) Act 2003, to extend the ability to specify "recorded matters" to patients subject to a Compulsion Order, Compulsion Order with Restriction Order, Hospital Direction and Transfer for Treatment Direction.
Post Assessment Review and sign-off
12. Planning for the review of impact on children’s rights and wellbeing
Scottish Ministers will engage with forensic services, particularly the National Secure Adolescent Inpatient Service (NSAIS), to seek the views of children and young people on the provision and implementation of recorded matters.
Engagement will be child‑friendly and supported by independent advocacy, ensuring children’s rights to be heard and taken into account (Article 12) are embedded throughout. As part of the review, we will assess benefits and any issues arising from the legislative changes, including impacts on contact arrangements, safeguarding, clarity and consistency of practice, and equity across settings.
The Child Rights and Wellbeing Impact Assessment (CRWIA) will be formally reviewed and updated three years following implementation of the legislative changes, with expected completion by November 2029, drawing on evidence from lived experience, service data, and multi‑agency feedback.
13. Sign off
Policy Lead Signature & Date of Sign Off: Nicola Paterson – 13 January 2026
Director Signature & Date of Sign Off: Stephen Gallagher – 14 January 2026
Date CRWIA team first contacted: 25 November 2025