Homepage Publications


We produce a range of publications, for professionals, people with mental ill health and families/carers. You can download them from our website. We have copies of some materials – contact us to enquire.


Use of seclusion

10 Oct, 2019 | .pdf, 969.1 KB

The purpose of this document is to provide clear guidelines for the consideration and use of seclusion and to ensure that, where this takes place, the safety, rights and welfare of the individual are safeguarded.


Power of Attorney and restriction of liberty

15 Mar, 2018 | .pdf, 362.7 KB

Our guidance on the limits to power of attorney when an adult with incapacity resists or objects.


Use of Restraints Guide

18 Jul, 2016 | .pdf, 104.9 KB

This shorter, understandable guide is for professionals, patients, and carers on the use of restraints.


Visits to people on longer term community-based compulsory treatment orders

29 Dec, 2015 | .pdf, 824.3 KB

A summary of our findings and recommendations from our visits to people on Community Compulsory Treatment Orders (CCTOs) in 2015.


Hidden Surveillance

2 Dec, 2015 | .pdf, 395.3 KB

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.


Decisions about technology

29 Sep, 2015 | .pdf, 130.3 KB

Principles and guidance on good practice when considering the use of telecare and assistive technology for people with dementia, learning disabilities and related disorders.


Deprivation of Liberty 2015

10 Jul, 2015 | .pdf, 787.7 KB

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


Nutrition by Artificial Means

31 Mar, 2015 | .pdf, 112.8 KB

Ethical and legal guidance for those considering the provision of artificial nutrition to a patient with an eating disorder.


Guidance on smoking

5 Mar, 2015 | .pdf, 170.8 KB

Our updated guidance on smoking in NHS mental health and learning disabilities in-patient services.


Specified Persons

13 Feb, 2015 | .pdf, 150.8 KB

Guidance on principles and best practice in implementing specified persons regulations under the Mental Health (Care & Treatment) (Scotland) Act 2003 in relation to restrictions around patients' correspondence or use of telephones, and relating to safety and security.


Updated Survey of Recorded Matters (2)

2 Oct, 2014 | .pdf, 492.6 KB

In May 2009, the Mental Welfare Commission (MWC) reported on a survey of Recorded Matters made between October 2005 and December 2008.


Guidance on s13ZA and the Cheshire West Supreme Court Decision

17 Sep, 2014 | .pdf, 99.1 KB

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


Rights, risks and limits to freedom

22 Apr, 2013 | .pdf, 708.1 KB

This aims to guide thinking on the use of restraint and encourage care staff to consider the impact actions may have on the people they are caring for.


Excessive security

15 Apr, 2013 | .pdf, 483.4 KB

The Scottish Government asked the Commission to host a consultation event to look at the extending appeals against excessive security to hospitals other than the State Hospital. Here is a report of the consultation event.


RES 3A form

3 Jul, 2012 | .pdf, 91.9 KB

Review of prohibitions and restrictions


RES 3 form

3 Jul, 2012 | .pdf, 95.1 KB

Implementation of measures to restrict the use of telephones


Lives Less Restricted CCTO 10-11

1 Oct, 2011 | .pdf, 194.8 KB

Monitoring report looking at people subject to compulsory treatment orders with community powers.


Rights, recovery and restriction

28 Aug, 2008 | .pdf, 102.9 KB

Report from our visits to people receiving care and treatment in forensic mental health services across Scotland.