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Closes 23 Mar 2026
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The change will allow for patients and their named person to apply to the Tribunal to modify recorded matters. The proposed changes define the term “modify” and includes adding, removing, amending, and specifying recorded matters in an order/direction (including specifying one where none was previously specified).
The changes will include new duties and responsibilities for those involved in the management and care of forensic mental health patients.
It might be useful to refer to the Policy Note and the draft order to help inform your response.
The changes will result in new expectations for services and care providers. Because of this, the Scottish Government will work with partner agencies and public bodies to ensure that information is easy to read and accesible, using clear language on decisions, contact, and care.
The changes will address a known human rights issue (identified by the courts) and will enhance patients’ rights to access services important to them. This will ensure parity of treatment between civil and forensic patients by enabling patients, and their named person, the right to apply to the Tribunal to modify (including adding, removing, amending, and specifying recorded matters in an order or direction). The Tribunal will specify, review, and modify recorded matters for individuals subject to forensic orders.
It might be useful to look at the examples of recorded matters to help inform your response.
The assessment of the Proposed Draft Order against protected characteristics suggests that the overall impact is expected to neutral to positive.
It might be useful to refer to the Interim EQIA to help inform your response.
These changes are age neutral and are not intended to negatively affect children and young people. We would ask you also consider situations where children are impacted by a parent’s detention, and on how contact (e.g. supervised visits, facilitated calls, family work) can support family relationships and benefit children.
It might be useful to look at the CRWIA to help inform your response.
Most recorded matters will be managed within existing forensic order review processes, so major operational change are not expected.
It might be helpful to look at the Partial BRIA to help inform your response.
The changes are scheduled to take effect on 12 November 2026. Updated guidance, standardised forms, and communications for patients, named persons, RMOs and MHOs will be issued in advance so that stakeholders are prepared for their extended duties, rights and responsibilities.
At this stage, no significant or adverse consequences are envisaged. Nevertheless, if you consider any potential consequences - operational, clinical, financial or legal - please let us know and outline their nature and scale.
