Scottish Human Rights Commission warns that Scotland has fallen behind in protection for people in mental health settings

The Scottish Human Rights Commission (SHRC) has today warned that protections from excessive restraint in mental health settings may not be preventing harm.

In a new paper, 'Restrictive practices in Scottish adult mental healthcare – gaps in human rights protection', the SHRC outlines that protections for the human rights of people in Scotland's mental healthcare settings are not sufficient. The SHRC is concerned that they do not adequately protect people from inhuman and degrading treatment and, in some cases, threats to life.

The human rights watchdog is not satisfied that there is sufficient data or safeguarding infrastructure to provide assurance that this is not the case.   They found that Scotland has not kept pace with developments in England and Wales to improve protections for the rights of people in mental health detention to be protected from unnecessary or excessive restraint.

In the paper, the SHRC calls on the Scottish Government to urgently:

  • Identify the true scope and scale of the use of restrictive practices, for example by carrying out an investigation.
  • Ensure legislation provides specific safeguards for restrictive practices including restraint and seclusion, including timeframes for mandatory review and independent review processes.
  • Ensure that the Mental Welfare Commission has robust, adequately funded enforcement powers.

The SHRC wants to see timebound commitments to progress these actions by the end of 2026.

The paper notes that the Mental Health (Care and Treatment) (Scotland) Act 2003 contains no specific provisions on restraint or seclusion. In contrast, Prisons in Scotland have detailed legal rules including time limits and mandatory reviews, and schools are now covered by the Restraint and Seclusion in Schools (Scotland) Act 2026.

The paper notes that England and Wales have stronger safeguards, including independent reviews, a regulator with enforcement powers, and the Mental Health Units (Use of Force) Act 2018, known as Seni's Law.

The SHRC will monitor progress and consider all options within its powers to strengthen safeguards and accountability.

Professor Angela O'Hagan, Chair of SHRC, said:

“People with lived experience have told us about the lasting harm restrictive practices can cause.

As Scotland’s human rights institution, we have real concerns that current measures which should protect people from excessive restraint in mental health settings may not be preventing harm. 

The rights at stake here are fundamental.  People detained in mental health settings are entitled to effective safeguards and duty bearers have an obligation to keep people safe. 

"The Scottish Government must act now and with urgency to ensure rights holders in Scotland have the same protections as elsewhere in the UK.” 

You can read the paper in full paper. Available as a PDF and an Easy Read. 

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