Publications

This is the Commission’s second 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.

Themed report on community compulsory treatment orders (CCTOs), 2024.

We undertook this investigation because we considered that Mr E had experienced a significant deficiency in care and treatment and had services delivered their support differently and put systems and structures in place to protect and support him, Mr E would not have suffered such poor outcomes in relation to his physical and mental health. (Mr E’s mental illness-schizophrenia- is now reported to be partially treatment resistant, his mobility is poor such that he needs to use a walking frame, and he is blind).

We undertook this investigation because we considered that Mr E had experienced a significant deficiency in care and treatment and had services delivered their support differently and put systems and structures in place to protect and support him, Mr E would not have suffered such poor outcomes in relation to his physical and mental health. (Mr E’s mental illness-schizophrenia- is now reported to be partially treatment resistant, his mobility is poor such that he needs to use a walking frame, and he is blind).

Over the last decade, we have seen a major shift in how and where people with additional support needs live and receive the care they need.

This advice note may be useful for all landlords and social work departments, advocacy and third sector organisations.

It may also be of interest to relatives and carers of people with additional support needs who are tenants or prospective tenants.

This report was a review of the records of nine women who were receiving mental health care in HMP Cornton Vale during the time of a visit by the European Committee for the Prevention of Torture (CPT) in 2019.

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

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.

In the context of the drive towards booster doses of the vaccine as a key part of the Scottish Government’s strategy to control Covid-19, the Commission is again experiencing an increase in calls and emails to our advice line seeking advice and guidance on vaccinations for some people who are not able to provide consent for this due to an underlying mental health condition or learning disability. We are therefore re-setting out our guidance in relation to this. This guidance note is primarily for practitioners.

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.

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.

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’).

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

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.

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.

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

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.

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.

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

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.

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.’

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.

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

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.

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

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.

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

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.

 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.

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