Date lodged: 25 April 2018
To ask the Scottish Government whether the Mental Health (Scotland) Act 2015 has led to a reduction in the forced treatment of patients detained under mental health law.
Answered by: Maureen Watt 2 May 2018
The Mental Welfare Commission for Scotland has a statutory responsibility to monitor the use of the Mental Health (Care and Treatment) (Scotland) Act 2003. As part of meeting that responsibility, it publishes an annual overview of the use of the 2003 Act. These annual reports include statistics on the use of compulsory treatment for mental disorder in Scotland. The most recently published report is for the period 2016-2017.
The majority of provisions of the Mental Health (Scotland) Act 2015 came into force in June 2017. The 2015 Act made changes to the 2003 Act, including the strengthening of measures which promote support for decision making.
Statistical information for 2017-2018 will be provided in the Commission’s next annual monitoring report due for publication later this year.
Our mental health legislation promotes patients’ rights and provides safeguards. We will continue to work with the Mental Welfare Commission for Scotland and stakeholders to promote patients’ rights more generally. Patients’ rights are a key part of our legislation and the Mental Health Strategy.