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.
Executive summary
This EQIA assesses the impact of extending “recorded matters” provisions to patients on a forensic mental health order. The policy responds to a Court of Session judgment (X v Mental Health Tribunal for Scotland [2022] CSOH 78) that found unjustified discrimination under Article 14 ECHR. The proposed Remedial Order ensures compliance with human rights law and equality of treatment between civil and forensic patients.
Evidence collected suggests positive impacts for the protected characteristics of age and disability, with neutral impacts for other protected characteristics. Recommendations include accessible guidance, equality prompts, improved data capture, and monitoring mechanisms on the non-provision of “recorded matters”.