Publication - Impact assessment
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.
Recommendations and Conclusion
Actions: Develop accessible guidance, include equality prompts in Tribunal processes, improve ethnicity data capture, and monitor impacts annually. Monitoring will use Tribunal case data, MWC notifications, and the Scottish Government’s Inpatient Census.
The policy intention is to mirror existing CTO provisions for recorded matters and extend them to all forensic patients, ensuring parity and compliance with ECHR.