Current status: Answered by Tom Arthur on 4 July 2025
To ask the Scottish Government, further to the answer to question S6W-38220 by Maree Todd on 17 June 2025, what analysis it has carried out of whether missing data may reflect a failure to fulfil the legal obligations set out in section 298 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and, in the event that these legal obligations are not being fulfilled, what action the Scottish Government plans to take to address this.
Section 298 of the Mental Health (Care and Treatment) (Scotland) Act 2003 sets out a legal obligation on Police Scotland to notify the Mental Welfare Commission of instances when a relevant person is removed to a place of safety under section 297 of this Act. The Commission is working with Police Scotland to improve compliance in this area.