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Monitoring the Acts

What do we monitor?

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:

  • detained under the Mental Health Act
  • detained without the consent of a mental health officer
  • placed under a compulsory treatment order
  • given care and treatment that is not in line with his or her advance statement,
    or if:
  • a compulsory treatment order has been changed in an important way
  • a welfare guardian has been appointed to make decisions on another person's behalf

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.

Annual monitoring report

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 monitoring reports

We will produce statistics and analysis on the use of mental health and incapacity legislation within six months of the end of the year.

Themed visit reports

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 providers. 

We also visit a sample of people on guardianship orders.  

View our themed visit reports

A list of Mental Health Act and Adults with Incapacity forms, including RES forms, ADM forms and Appendix A and E.