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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.


What will not change?

The suggested change does not change the rules for other mental health treatment orders or public protection tests. It just makes the system more fair for people who are on orders made by the court or prison governors.

What will be the effect of the changes?

For Patients and people with lived experience: They could still complain to the Mental Health Tribunal if they do not get the support they should.

For Clinicians and social work: They will consider recorded matters for more people. Training and guidance may be needed.

For the Mental Health Tribunal: They might have to deal with more cases.

For businesses, charities and public bodies (such as councils and the NHS): They will have to deliver services to people, where the Tribunal has decided this has to happen.

For children and young people: The new changes would probably make things better for them. The changes should help people on an order made by the court or prison governors, and who need mental health treatment.

For people who might be treated unfairly because of disability, race, religion, sexual orientation: The changes should make things better. Most people on orders made by the court or prison governors, and would not be affected by the changes.

Contact

Email: forensicmentalhealthpolicy@gov.scot

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