Publications

This report is an investigation into the circumstances leading up to the death of an individual (AB) with a moderate learning disability whose death occurred shortly after their detention under the Mental Health (Care and Treatment) Scotland Act 2003 was revoked. AB was also subject to Adult Support and Protection (Scotland) Act 2007 procedures.

This is the closure report for our September 2021 themed report on care and treatment with alcohol-related brain damage in Scotland. The Commission has long standing concerns about the availability of specialist support for people with a diagnosis of alcohol related brain damage (ARBD).

The Mental Welfare Commission for Scotland is concerned that some private welfare guardians are not getting the information and support they need to fulfil their role. For the purposes of this guide, private welfare guardian is used to denote any non-local authority
welfare guardian.

The Authority to discharge project was undertaken in response to numerous concerns raised in relation to the rights of people who were not able to express their own views being moved from hospital to care homes during the pandemic period.

The pathway to a diagnosis of ARBD, and to getting specialist support to meet individual needs and outcomes, can be challenging and complex – both for the person affected and for those people important and close to them.

Local intelligence gathering and calls to the Commission’s advice line in the early stages of the Covid-19 pandemic suggested that people who were in hospital and lacked capacity may have been moved from hospital to care homes without full understanding of the legal requirements to ensure rights are upheld and the move to care was lawful. Specific concerns related to the use or otherwise of Section 13ZA of the Social Work (Scotland) Act 1968 particularly in the context of the Coronavirus (Scotland) Act 2020 (‘the Coronavirus Act’).

This report is about the rights of some people who were moved from hospitals to care homes. This report is about people who this
happened to during the COVID-19 pandemic.

A quick guide to Power of Attorney for general practitioners.

A quick guide to Power of Attorney for staff in hospitals and care homes.

We have been in discussion with the Scottish Legal Aid Board about civil legal aid for welfare guardianship applications.

This guide sets out options for managing the money of people who - due to mental ill health or learning disability - are unable to manage their own finances.

Guidance on the circumstances it would be appropriate, with the agreement of the guardian and adult, either to reduce the frequency of supervision, or cease to supervise a welfare guardianship altogether.

There may be a need to start the process of applying for guardianship in order that the guardian is in place when the individual turns 16.

A guide to assist health and social care staff with issues that arise from the operation of powers of attorney. This document was reviewed and updated in July 2020.

The views of people with lived experience on supported decision making and people with a mental illness - some practicalities.

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

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

A new survey by the Mental Welfare Commission shows that nine out of 10 people who recently applied to become welfare guardians would advise others in their situation to do the same.

A new survey by the Mental Welfare Commission shows that nine out of 10 people who recently applied to become welfare guardians would advise others in their situation to do the same.

This report outlines research and analysis undertaken for the Commission in 2014 regarding welfare and financial guardianship.

This report outlines research and analysis undertaken for the Commission in 2014 regarding welfare and financial guardianship.

A leaflet explaining our role in welfare guardianship in easy read format.

A leaflet for service users and carers explaining our role in welfare guardianship.

An easy read version of our report on powers of attorney. Mark and Sandra have learning disabilities. They were treated badly by Mark's brother.

Mr and Mrs D, a couple with learning disabilities, suffered years of abuse at the hands of their power of attorney. The Commission has called for the local authority to apologise for falling to protect them.

Mr and Mrs D, a couple with learning disabilities, suffered years of abuse at the hands of their power of attorney. The Commission has called for the local authority to apologise for falling to protect them (full anonymised report).

Report from our monitoring of Adults with Incapacity Act 2000.

Monitoring report on the use of welfare guardianship under the Adults with Incapacity (Scotland) Act 2000 for people aged under 25.

Report of the inquiry into the care and treatment of Mrs K.