When legislative changes were being made through the Mental Health Act 2015, concerns were raised with Ministers that there was not a consistent approach across Scotland to decisions or procedures on whether to review, and how to review, deaths of people who were being detained for care and treatment under these Acts.
While these decisions will always be taken on an individual basis, depending on the circumstances of a person’s death, Ministers wish all Scottish authorities to work to the same system.
Scotland does not currently have a national unified system for investigating deaths of people who are subject to compulsory care and treatment. Different areas have different criteria and different timescales for undertaking investigations.
Following a review, Scottish Government asked the Mental Welfare Commission to propose a new system.
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Review of the arrangements for investigating the deaths of patients being treated for mental disorder