The Mental Welfare Commission puts
individuals with a mental illness, learning disability, dementia or
related condition at the heart of all we do; promoting their
welfare and safeguarding their rights.
Sometimes, when people are unwell, they may have to be detained
in hospital or have treatment against their will. But they still
have rights. We all have human rights, and mental health law
contains special rights and safeguards to protect people.
We produce service user & carer leaflets to help
explain our role, help people understand their rights and to
promote best practice in the use of mental health and incapacity
If you become unwell with a mental illness, you may need treatment. In some cases, if you refuse treatment, you may be detained under the Mental Health Act, or 'sectioned'.
Under the Mental Health (Care and Treatment) (Scotland) Act, people with learning disabilities and/or a mental illness have a right to independent advocacy. Find out more about it here.
Sometimes, when people are unwell, they may need to have treatment, even if they don't want it. There are strict rules about when this can happen.
Find out about safeguards for treatments like ECT, artificial nutrition and neurosurgery. They require an independent second opinion from a designated medical practitioner.
You may find it helpful to write an advance statement when you are well, stating how you would like to be treated if you become ill in the future. Find out more here.
The Tribunal is an independent organisation set up to decide what to do if you need to be given treatment against your will.