Social Work Scotland response to Consultation on The Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026
March 2026
Introduction
Social Work Scotland is the professional body for social work leaders, working closely with our partners to shape policy and practice, and improve the quality and experience of social services. We welcome the opportunity to provide a response to the consultation on the Mental Health (Care and Treatment) (Scotland) Act 2003 Remedial Order 2026.
Summary
Members of Social Work Scotland broadly welcomed the aims of the 2026 Proposed Draft Order and strongly supported the extension of recorded matters to forensic mental health orders. They viewed the reforms as an important step towards achieving equity between civil and forensic patients, addressing a long‑recognised human‑rights incompatibility, and strengthening the safeguards available to people subject to compulsory measures.
Across discussions, members agreed that the proposals are clear, proportionate and aligned with existing CTO processes, making them both familiar and conceptually sound for practitioners. At the same time, members emphasised that the successful implementation of these changes depends on the wider context in which they will operate. They repeatedly highlighted the significant pressures already faced by services, particularly around workforce capacity, Tribunal backlogs and limited availability of appropriate community supports, and expressed concern that without parallel investment, the reforms may raise expectations that the current system cannot realistically meet.
Overall, while members were supportive of the principles and direction of change, they stressed the need for resourcing, guidance and system‑wide preparedness to ensure that the intended benefits for patients, families and professionals can be fully realised.
