Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: Final Business and Regulatory Impact Assessment

Engagement and information gathering

Engagement approach

The 60-day consultation has been completed. Engagement focused on individuals with lived experience, those with a direct interest in forensic mental health, advocacy organisations, Health Boards, Integration Authorities, Local Authorities, the Tribunal, the MWC, professional bodies, forensic mental health services, legal interests and wider justice partners.

The consultation evidence has informed finalisation of this BRIA and will continue to inform implementation planning.

Internal SG engagement/ engagement with wider Public Sector/Public Consultation

Internal SG engagement

Engagement has taken place between the Forensic Mental Health Policy team and the Mental Health Law Team on the proposed Order. There is ongoing engagement with the Scottish Government’s Restricted Patient team that delivers Scottish Ministers’ functions in relation to Restricted Patients. The team therefore will have additional functions in relation to the inclusion and amendment of recorded matters.

As the proposed policy is targeted towards a small group of patients and is expected to impact a small group of professionals and services, no other internal stakeholders have been consulted as a result of the change.

Wider Public Sector

Discussions with the Tribunal and the MWC took place at the initial start of policy development with policy officials. Engagement with the Tribunal, MWC and other relevant stakeholders remains ongoing to address outstanding matters and resolve any issues requiring clarification. Consultation responses highlighted the importance of operational readiness, including guidance, forms, system changes, notification arrangements, and clarity about roles and responsibilities. Engagement with delivery partners will continue through implementation planning to address these practical issues.

Officials may also engage further with consultation respondents and delivery partners to seek clarification on implementation issues and to support readiness for commencement. This engagement will focus on practical matters raised through consultation, including guidance, forms, accessibility, advocacy, workforce pressures, Tribunal process and monitoring arrangements.

Business/Third Sector/Other Stakeholder engagement

Recorded matters refer to a broad category of care and treatment decisions determined by the Tribunal. They are likely to have the most direct impact on patients, as these decisions are formally documented and can have significant implications for how care, treatment and services are delivered and monitored.

Advocacy organisations and patient representative groups, including VOX Scotland, provided responses to the consultation. These responses highlighted the importance of ensuring that people with lived experience are supported to understand the changes, participate meaningfully in relevant processes, and exercise their rights in practice. A recurring theme was that advocacy and legal support are important enablers of meaningful participation.

The impact on business and third-sector organisations will vary on a case-by-case basis, depending on the recorded matters relevant to each individual. Consultation responses highlighted the practical and resource impacts these provisions may have on service delivery and compliance with statutory obligations, including existing pressures on public services and third-sector delivery partners.