We monitor the Mental Health (Care & Treatment)
(Scotland) Act 2003 and the welfare parts of the Adults
with Incapacity (Scotland) Act 2000.
The law says that the people providing care and
treatment must let us know if a person has been:
We check the paperwork we receive and let the professionals
responsible, and the person concerned, know if we
think there is a problem. If our monitoring work shows
up a serious problem, we might follow this up through a
visit or an investigation.
We pull together and analyse the information we receive
to create a picture of how these laws work regionally and
nationally. We publish annually information on trends and
provide data that allows health boards and local
authorities to compare their use of the law against
other parts of Scotland.
View our latest annual
We will produce statistics and analysis on the use of mental
health and incapacity legislation within six months of the end of
As well as producing general monitoring and trend data on the
use of mental health and incapacity law, we also produce themed
visit reports on areas of care and treatment where we have
particular concerns. These monitoring reports identify any issues
with the way the law is used. We highlight these issues, and
recommend changes, to policy makers and service
We also visit a sample of people on guardianship orders.
View our themed visit
A list of Mental Health Act and Adults with Incapacity forms, including RES forms, ADM forms and Appendix A and E.