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Class 1: About the Commission

The Freedom of Information Act says that you have the right to know how organisations, like ours, that are funded from the public purse, make decisions and manage their resources.

Our duties and powers are set out under the following legislation:

A memorandum of agreement (MOA) sets out the roles of the Commission and the Scottish Government and it outlines how the Commission is held to account for use of public funds.  Memorandum of Agreement; Scottish Government (Health Directorate) and The Commission, signed 2018
It should be noted that in 2014 the National Confidential Forum (NCF) was established as a Committee of the Commission. The NCF was set up under The Victims and Witnesses (Scotland) Act, 2014. The NCF operates independently to the Commission. Enquiries relating to FOISA for the NCF should be directed to the Commission in the first instance.  The majority of Commission policies and strategy documents are also relevant for the operation of the NCF.

There is a memorandum of understanding (MOU) between the Commission and Scottish Government regarding the operation of the NCF.

Below are some of our key documents:


Policies, Standing Orders, and Code of Conduct:

Accountability and Audit Relationships:

The Public Finance and Accountability (Scotland) Act 2000 places personal responsibility on the Auditor General for Scotland to decide who is to undertake the audit of the Mental Welfare Commission for Scotland. For the financial years 2016-17 to 2021-22 the Auditor General has appointed Scott Moncrieff to undertake the audit of the Mental Welfare Commission. The general duties of the auditors, including their statutory duties, are set out in the Code of Audit Practice issued by Audit Scotland and approved by the Auditor General.

Working with others:

The Commission has a number of MOUs and MOAs with other organisations. These set out how the Commission will work with other bodies. Details can be found at Working with other organisations.

Information on rights and how to complain or make a comment:

How to make a request for personal information:

The General Data Protection Regulations (GDPR) came into effect from 25 May 2018. They strengthen data protection, and apply to private and public organisations. Information on how we handle your personal information can be found at About your personal information

Our "Subject Access Form" which you should complete to request personal information we hold, is currently under review. Please contact us at: and we will send you a copy either by e-mail or by post.

A Guide to information available from the Commission:

The Commission has developed a "Guide to the Information" which is available from this link.