The Scottish Government plans to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to protect human rights and avoid discrimination, and has sought responses to a consultation.
The proposed change would extend the legal framework for ‘recorded matters’ to people subject to forensic mental health orders. Recorded matters are treatments and services that must be provided to people subject to compulsory treatment orders (CTOs). Those subject to CTOs can make an appeal to the Mental Health Tribunal if a recorded matter is not being provided. However, there is no mechanism for this for people subject to forensic orders. A court decided that this could count as discrimination under the European Convention on Human Rights (ECHR), which is why the Scottish Government has proposed a change to the law.
We undertook research with members through telephone interviews and an online questionnaire and used the responses to inform our response to the consultation. We are very grateful to all who shared their views and experiences.