Homepage Publications

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.

Publication

Recall of guardianship

19 Sep, 2024 | .pdf, 897.4 KB

Publication

Easy read: Advance statements

5 Sep, 2024 | .pdf, 627.8 KB

Publication

Carers, consent, and confidentiality

29 Apr, 2024 | .pdf, 1.2 MB

How families can be involved in their relative’s care and treatment.

Publication

Carers, consent, and confidentiality

29 Apr, 2024 | .pdf, 1.2 MB

How families can be involved in their relative’s care and treatment.

Publication

Investigation into the death of AB

3 Aug, 2023 | .pdf, 1.5 MB

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whose death occurred shortly after their detention under the Mental Health (Care and Treatment) Scotland Act 2003 was revoked.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.

Publication

Closure report - Care and treatment for people with alcohol related brain damage in Scotland

20 Oct, 2022 | .pdf, 1.6 MB

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).

Publication

Supervising welfare guardians and powers of attorney

22 Jun, 2022 | .pdf, 1.2 MB

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.

Publication

Authority to discharge - closure report

12 May, 2022 | .pdf, 1.6 MB

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.

Publication

Care and treatment of people with ARBD in Scotland

16 Sep, 2021 | .pdf, 1.3 MB

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.

Publication

Authority to discharge - report into decision making for people in hospital who lack capacity

20 May, 2021 | .pdf, 1.4 MB

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’).

Publication

Authority to discharge report - easy read

20 May, 2021 | .pdf, 9.6 MB

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.

Publication

Power of Attorney under AWI - guide for general practitioners

11 May, 2021 | .pdf, 936.7 KB

A quick guide to Power of Attorney for general practitioners.

Publication

Power of Attorney guide for staff in Hospitals and Care Homes

11 May, 2021 | .pdf, 936.9 KB

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

Publication

Legal Aid for Welfare Guardianship

5 Feb, 2021 | .pdf, 995.4 KB

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

Publication

Money matters

28 Jan, 2021 | .pdf, 1 MB

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.

Publication

Guidance on the changes introduced by an Amendment to the Regulations concerning the Supervision of Welfare Guardians, in June 2014

6 Aug, 2020 | .pdf, 1007.6 KB

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.

Publication

Guardianship Applications before 16th birthday

6 Aug, 2020 | .pdf, 876.8 KB

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.

Publication

Common Concerns with Power of Attorney

28 Jul, 2020 | .pdf, 943.9 KB

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.

Publication

Supported decision making (report)

30 Jul, 2019 | .pdf, 516.4 KB

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

Publication

AWI guardianship visits report 2017-18

2 Oct, 2018 | .pdf, 646.5 KB

Publication

Adults with Incapacity - Sexual Relationships and the Criminal Law

26 Jul, 2016 | .pdf, 442.9 KB

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

Publication

Contraception and Adults with Incapacity

28 Apr, 2016 | .pdf, 470.6 KB

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

Publication

Private Welfare Guardians

28 Apr, 2015 | .pdf, 327.6 KB

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.

Publication

Private Welfare Guardians

28 Apr, 2015 | .pdf, 327.6 KB

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.

Publication

Guardianship research, analysis and projects 2014

20 Apr, 2015 | .pdf, 2.7 MB

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

Publication

Guardianship research, analysis and projects 2014

20 Apr, 2015 | .pdf, 2.7 MB

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

Publication

Welfare guardianship

22 Apr, 2013 | .pdf, 249.4 KB

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

Publication

Easy read welfare guardianship

22 Apr, 2013 | .pdf, 248.5 KB

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

Publication

Powers of Attorney and their safeguards - report

13 Feb, 2012 | .pdf, 107.9 KB

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.

Publication

Powers of Attorney and their safeguards - Mr and Mrs D (easy read)

13 Feb, 2012 | .pdf, 197.9 KB

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.

Publication

Powers of Attorney and their safeguards - full report

12 Feb, 2012 | .pdf, 746 KB

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).

Publication

Supporting private guardians

1 Mar, 2011 | .pdf, 253.6 KB

Report from our monitoring of Adults with Incapacity Act 2000.

Publication

Guardianships And Young People

1 Jan, 2009 | .pdf, 122.5 KB

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

Publication

Mrs K Report

16 Oct, 2001 | .pdf, 271 KB

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