Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: consultation - easy read
Easy read consultation paper on the Order to amend the Mental Health (Care and Treatment) (Scotland) Act 2003, 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.
Closed
This consultation closed 23 March 2026.
View this consultation on consult.gov.scot, including responses once published.
Introduction
The Government must ask the people for their views before an important change is made to a law. This is called a consultation.
The Scottish Government wants your views on a change to the Mental Health Care and Treatment, Scotland Act 2003. The change is a Remedial Order.
A Remedial Order is a change made to the law because it does not agree with the European Convention on Human Rights.
European Convention on Human Rights is an agreement between European countries to protect human rights.
The Mental Health Tribunal is an independent body. It makes decisions if a person needs treatment for mental health problems.
The person might not want treatment but they need it to keep them and other people safe.
The change to the law would let the Mental Health Tribunal write down the treatments some people must have. These are called recorded matters. They can include things like:
- Making it easier for family to visit.
- Arranging different assessments and treatments.
- Getting support to take part in activities and therapies.
- Planning for a safe move from hospital back to the community.