Safeguards ‘failing to keep pace’ as mental health detentions rise in Scotland

The number of people detained for compulsory mental health treatment in Scotland has continued to rise, amid warnings that statutory safeguards intended to protect patients’ rights are being routinely missed.

The Mental Welfare Commission’s annual monitoring report, published today, shows there were 7,449 new detentions under the Mental Health (Care and Treatment) (Scotland) Act 2003 in 2024-25 — a 3.3% increase on the previous year. Although slightly below the long-term average annual rise of 4.7%, the Commission says the upward trend remains “concerning”.

The data highlights persistent inequalities, with people from the most deprived areas accounting for almost a third of all detentions.

But the Commission’s most urgent concern is the erosion of safeguards designed to ensure compulsion is used lawfully, proportionately and for the shortest possible time. More than 60% of emergency detentions proceeded without the consent of a Mental Health Officer (MHO) last year, despite the Act making MHO involvement a key protection. The picture varied widely across Scotland, from over 70% without MHO consent in Greater Glasgow and Clyde to under 20% in Dumfries and Galloway.

In nearly half of all short-term detention cases, social circumstances reports were also missing, meaning many people began compulsory treatment without a holistic assessment of the social and personal factors affecting their mental health.

Julie Paterson, Chief Executive of the 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.”