Gaps in mental health safeguards as detentions continue to rise

A new report published today, which monitors the use of Scotland's mental health law, shows a continued rise in the number of people being detained for mental health treatment. The report raises urgent concerns that the system of safeguards is failing to keep pace with this increase, potentially compromising patient rights.

Under the Mental Health Act, compulsion must be used only when necessary for a person's safety and must last for the shortest possible time. The Commission’s statutory annual report provides transparency on how these powers are used.

According to the 2024-25 data, there were 7,449 new mental health detentions, a 3.3% increase from the previous year. While this rise continues a concerning trend, the Commission notes it is slightly lower than the average annual increase of 4.7% seen in previous years.

The report also highlights a link between deprivation and detention rates, with individuals from the most deprived areas making up nearly a third of all cases.

The most urgent issue, has been and still is, the frequent lack of legal safeguards. A primary concern is the absence of the consent of a mental health officer: over 60% of emergency detentions proceeded without consent from a Mental Health Officer (MHO) during 2024-25. Though there is a minor improvement compared with the previous year, this rate is still critically low. On the mainland, the rate varies from over 70% without MHO consent in Greater Glasgow and Clyde to just less than 20% in Dumfries and Galloway.

Adding to the issue is the lack of a holistic patient assessment. Social circumstances reports, which provides crucial information about the social and personal aspects of a person's life, were missing in nearly half of all short-term detention cases. This failure means that for many individuals, their compulsory treatment begins without an understanding of the underlying social and personal factors affecting their wellbeing.

Julie Paterson, Chief Executive Officer, Mental Welfare Commission, said:

“While the system is under pressure, we cannot allow vital checks and balances to become optional. This inconsistent application of safeguards denies people consistent legal protection during a mental health crisis, when they are often at their most fragile.
“We recognise that behind every statistic is an individual person, representing a time of difficulty for them, their carers, and their families. We hope this report supports local scrutiny and understanding to drive improvements in care and safeguard these individuals' rights.”