New Scottish Mental Health Restraint Rules: What Patients Need to Know

beehiveweb.co.uk editorial team 2026-08-06 09:47 2 min read

The Scottish Government has launched a formal public consultation regarding proposed updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003. This review focuses exclusively on the use of restraint and seclusion within hospital settings, aiming to modernize legal standards that have remained largely unchanged for two decades.

Proposed Changes to Patient Safety Standards

The draft measures seek to provide practitioners, Health Boards, and services with clearer, rights-based guidance. The proposed updates aim to standardize how restraint and seclusion are defined and applied, with a particular emphasis on protecting the safety and emotional wellbeing of vulnerable patients.

Key areas under review include:
– Precise definitions of restraint and seclusion to ensure consistent application across all Health Boards.
– Clarification of the lawful limits regarding the use of physical force.
– Specific protections for children and young people receiving mental health treatment.
– Enhanced guidance for the care of autistic patients and individuals with learning disabilities.
– Standardized protocols for the use of restraint during nasogastric tube feeding.

Impact on Patients and Families

Minister for Mental Wellbeing Maree Todd emphasized that these revisions are a direct response to growing concerns regarding the use of restrictive practices. By updating the Code of Practice, the government intends to align hospital procedures with contemporary human rights legislation.

For those navigating the mental health system, these changes represent a move toward greater transparency and dignity. The Mental Welfare Commission for Scotland will support this transition by implementing national reporting standards. This will allow for better data collection and monitoring of how and when these practices are used, ensuring that individual patient needs remain at the forefront of care decisions. The shift toward standardized reporting is intended to provide a clearer picture of how often these interventions occur across different regions, allowing for more effective oversight.

The Essentials: Consultation and Participation

The Scottish Government is inviting input from patients, families, carers, and clinical professionals who have a stake in these procedures. This feedback is essential for shaping the final version of the guidance to ensure it is both practical for staff and protective of patient rights.

Consultation Detail	Information
Scope	Volume one of the Code of Practice (2003 Act)
Target Audience	Patients, families, carers, and clinicians
Deadline	29 October 2026
Submission Method	Official Scottish Government consultation portal

In addition to the online submission process, the government will hold targeted engagement events for those with lived experience and relevant stakeholders to discuss the proposals in detail. These sessions are designed to capture nuanced feedback from those most directly affected by the current practices, ensuring the final guidance reflects real-world clinical and personal experiences.

Source: Scottish Government News

Context & actions About this article

Source check Official Consultation

This report is based on the official consultation notice published by the Scottish Government regarding updates to the Mental Health (Care and Treatment) (Scotland) Act 2003.

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