Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026: interim equality impact assessment
Interim equality impact assessment (EQIA) 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.
Interim Equality Impact Assessment for The Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026
Title of policy:
The Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026
Summary of aims and desired outcomes of Policy:
The aim of the policy is to remedy discrimination identified by the Courts. This will be done by extending “recorded matters” to patients subject to a forensic mental health order, including a Compulsion Order (CO), Compulsion Order with Restriction Order (CORO), Hospital Direction (HD) and Transfer for Treatment Direction (TTD).
This change is intended to extend the help and enhanced patient care provided to some individuals already through the specific, measurable and time-bound interventions by the Mental Health Tribunal for Scotland, allowing for clear implementation and accountability for meeting the needs of individuals subject to a forensic mental health order. They will also allow for meaningful participation by the patient and their named person. Recorded matters may lead to faster transfer to rehabilitation or community placements, fuller assessments of an individual’s needs as a whole person and overall improvement in mental health outcomes and quality of life.
Directorate: Mental Health Directorate
Division: Complex Care and Rights Division
Team: Forensic Mental Health Unit