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Advice notes

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  • 15 March 2018
    Publication, Advice Notes, Power of attorney, Freedom, restriction and restraint

  • 2 August 2017
    Publication, Professionals, Mental health officers, Advice Notes, Mental Health Act (MHA)

    Our guidance on the changes to the Mental Health Act implemented on 30 June 2017 and how this will affect mental health professionals.

  • 26 July 2016
    Advice Notes, Freedom, restriction and restraint, Learning Disability, Adults with Incapacity (AWI), Sexual Relationships, Contraception, Publication

    Our advice on sexual relationships and criminal charges where the adult lacks capacity.

  • 28 April 2016
    Service users, Contraception, Advice Notes, Guardianship, Power of attorney, Adults with Incapacity (AWI), Sexual Relationships, Publication

    This advice is intended to guide people through some of the complexities that arise relating to contraception and adults who may lack capacity.

  • 2 December 2015
    Publication, Advice Notes, Freedom, restriction and restraint

    This advice note considers the issues for organisations such as care homes who may be considering using hidden surveillance. It also looks at the subject from the point of view of families and friends of people who are cared for by such organisations, and who may themselves be considering using hidden surveillance.

  • 4 August 2015
    Advice Notes, Publication

    Questions and answer notes concerning complaints about solicitors and Mental Health Tribunal hearings.

  • 10 July 2015
    Professionals, Lawyers, Professional bodies, Advice Notes, Human rights, Publication

    An update of the analysis and guidance advice on deprivation of liberty produced in 2013. Thank you to Jill Stavert for producing this update.

  • 17 September 2014
    Publication, Professionals, Guardianship, Commission Advice, Advice Notes

    Mental Welfare Commission response to queries related to when to use s13ZA v Guardianship following the Cheshire West Supreme Court decision.

  • 2 June 2014
    Professionals, Freedom, restriction and restraint, Hospital, Community, Mental Health Act (MHA), Forms, Publication, Advice Notes

    Updated Cross Border Transfer Legislation, Regulations and Guidance 2014

  • 16 April 2014
    Publication, Professionals, Consent to treatment, Advice Notes

    Our advice notes on giving medical treatment under Part 16 of the Mental Health (Care and Treatment)(Scotland) Act 2003. This document is currently under review. Any comments on its content should be emailed to -