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

Concerns about the care of women with mental ill health in prison in Scotland

8 Jul, 2021 | .pdf, 1.3 MB

This document is a review of the records of nine women who received mental health care in prison custody in Scotland between 2017 and early 2020. 
We decided to pursue this subject after the publication of a report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) in October 2019  about their visit to police and prison premises in Scotland in October 2018.

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

Consenting Adults

9 Apr, 2021 | .pdf, 1.3 MB

Guidance for professionals and carers when considering rights and risks in sexual relationships involving people with a mental illness - Revised edition 2021.

Publication

Children's Rights Report 2017-2020

6 Apr, 2021 | .pdf, 1.8 MB

This is the Commission’s first Children’s Rights Report since we were made an authority under the Children and Young People (Scotland) Act 2014, with duties to report every three years on the work we have undertaken to further the rights of children and young people in Scotland.

Publication

Rights, risks and limits to freedom

18 Mar, 2021 | .pdf, 1.2 MB

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.

Publication

Decisions about technology

5 Feb, 2021 | .pdf, 1.1 MB

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

Publication

Supported decision-making (good practice)

4 Feb, 2021 | .pdf, 1.5 MB

Our Supported Decision Making good practice guide explains the relevance and importance of supported decision making, and the role that it can play in reinforcing principales that underpin Scottish legislation.

Publication

Unlawful short term detention and section 291

6 Aug, 2020 | .pdf, 888.1 KB

We heard of a case where an individual was detained under a short-term detention certificate which the Tribunal ruled unlawful. There were discrepancies in the times of examination and granting the certificate.

Publication

Complaints about Solicitors and Tribunal Hearings

12 Jun, 2020 | .pdf, 903.6 KB

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

Publication

Looking after your rights

8 Jan, 2020 | .pdf, 620.4 KB

This leaflet explains who we are. We can advise on your rights to do with Mental Health and Incapacity Law, and your care and treatment.

Publication

Response to Petition PE1741: ‘to urge the Scottish Government to introduce a new law addressing the needs and rights of people with lifelong learning disabilities in Scotland.’

28 Oct, 2019 | .pdf, 55.3 KB

The Mental Welfare Commission is grateful for the opportunity to respond to the above petition, which calls on the Scottish Parliament ‘to urge the Scottish Government to introduce a new law addressing the needs and rights of people with lifelong learning disabilities in Scotland.’

Publication

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.

Publication

Carers and Confidentiality

5 Dec, 2018 | .pdf, 698.9 KB

Good practice guidance on how to balance the principle of carer involvement with the patient's right to confidentiality.

Publication

Rights in Mind Evaluation Report

25 Jul, 2018 | .pdf, 724.3 KB

A research study carried out for the Mental Welfare Commission by Reid-Howie Associates (RHA) between January and April 2018, to examine the implementation of 'Rights in Mind' materials produced by the Commission.

Publication

Guidance for mental health professionals on changes to the Mental Health Act implemented on 30 June 2017

2 Aug, 2017 | .pdf, 2.1 MB

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

Publication

Human Rights in Mental Health Services

24 May, 2017 | .pdf, 395.7 KB

This guide explains how and where human rights impact on mental health care delivery, and how staff can best ensure that the key rights are respected and promoted. It is intended to be both a reference guide and an improvement resource.

Publication

Rights in mind booklet

24 May, 2017 | .pdf, 497.3 KB

Publication

LGBT inclusive mental health services

29 Mar, 2017 | .pdf, 320.6 KB

A guide for health professionals and mental health services on LGBT patients.

Publication

Response to the Equality and Human Rights Commission on single measurement framework

28 Feb, 2017 | .pdf, 804.6 KB

Our response to the Equality and Human Rights Commission's consultation on a single measurement framework.

Publication

Human rights in Mental Health Care in Scotland

28 Sep, 2015 | .pdf, 642.8 KB

 joint report between the Scottish Human Rights Commission and the Mental Welfare Commission on progress towards meeting Commitment 5 of the Mental Health Strategy for Scotland 2012-2015.

Publication

Human rights in Mental Health Care in Scotland

28 Sep, 2015 | .pdf, 642.8 KB

A joint report between the Scottish Human Rights Commission and the Mental Welfare Commission on progress towards meeting Commitment 5 of the Mental Health Strategy for Scotland 2012-2015.

Publication

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.