WIREDGOV

Views sought on changes to restraint and seclusion guidance.

Responses are being sought on proposals to improve guidance around the use of restraint and seclusion in hospitals.

The proposed updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003 aim to strengthen protections for adults and children to ensure that their safety, emotional wellbeing and rights are taken into account with any potential use of restraint or seclusion.

It also seeks to support practitioners, services and Health Boards to deliver safe care, based on the needs of individual patients being treated under the Mental Health (Care and Treatment) (Scotland) Act 2003. The draft measures include guidance on:

• the clear definitions of restraint and seclusion
• the lawful limits of restraint
• the use of restraint and seclusion with children and young people
• the use of restraint and seclusion in relation to people with learning disabilities or autistic people
• the use of restraint during nasogastric tube feeding

Minister for Mental Wellbeing Maree Todd said:

“The safety and wellbeing of people receiving mental health treatment and support is at the heart of these proposals.

“These proposed revisions to the Code of Practice reflect the increased concern over the use of restraint and seclusion – and in particular with children and young people, as well as developments to human rights legislation over the past 20 years.

“Revisions will give practitioners clearer, consistent and rights‑based guidance, and help ensure people are treated with dignity and respect.

"I urge people with a stake in this – patients, families, carers and clinicians to respond.”

Background

Updates to the Code of Practice for the Mental Health (Care and Treatment) (Scotland) Act 2003 – Scottish Government consultations – Citizen Space

The consultation will focus on proposed updates to parts of volume one of the Code of Practice made under section 274 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and specifically focuses on people who are being treated under the Mental Health (Care and Treatment) (Scotland) Act 2003 – as opposed to restraint and seclusion in other settings. It will run until 29 October 2026.

Pre-consultation engagement with stakeholders and people with lived experience has already taken place, and further targeted consultation events will take place be held during the consultation period.

The Mental Welfare Commission for Scotland will also undertake national reporting on the use of restraint and seclusion in hospitals, working with Health Boards to improve and standardise data collection to enable national-level monitoring of these practices.