The introduction of a Mental Health Moratorium in Scotland, which will provide special protections from debt enforcement for those individuals with serious mental health conditions, has received broad support from stakeholders. The Social Justice and Social Security Committee also recommended this in their report ‘Robbing Peter to pay Paul: Low income and the debt trap’.
In the public consultation review of the Bankruptcy and Debt Advice (Scotland) Act 2014, 89% of respondents believed the Scottish Government should consider a separate moratorium for those receiving mental health crisis care.
In a further consultation ‘Scotland statutory debt solutions and diligence: policy review’, 93% of respondents agreed with the proposal to collaborate with mental and debt specialists in developing the detail of a Mental Health Moratorium.
As a result, a working group was formed in January 2023 to deliberate on how a Mental Health Moratorium could operate in Scotland. The group, which comprises of relevant sector experts, considered and discussed various aspects of a Mental Health Moratorium. This work resulted in a report of recommendations, which is being considered by the Scottish Government and will be subject to wider consultation in the near future.
The report of recommendations is available below: