Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: consultation paper

Overview

This consultation seeks views on a proposed the 2026 Proposed Draft Order that would amend the Mental Health (Care and Treatment) (Scotland) Act 2003 (“2003 Act”) to extend the legal framework for ‘recorded matters’ across certain forensic mental health orders. In plain terms, ‘recorded matters’ are specific treatments, services or supports that the Mental Health Tribunal for Scotland can specify with the expectation that action is taken to meet the needs identified in the recorded matter(s).

At present, recorded matters are available for Compulsory Treatment Orders (“CTOs”) but not for Compulsion Orders (“COs”) imposed by criminal courts. This difference has been found to be discriminatory. The Scottish Government therefore proposes to remedy this by introducing a parallel recorded‑matters framework for COs, as well as Compulsion Orders with Restriction Orders (“COROs”), Hospital Directions (“HDs”) and Transfer for Treatment Directions (“TTDs”). Collectively these orders and directions are referred to as forensic mental health orders in this consultation.