Publications

Guidance on legal and practical considerations where an individual refuses treatment but lacks capacity to make a decision about medical treatment, and covert medication is being considered.

Guidance on the use of the Mental Health Act in dealing with drug-induced psychosis.

Good practice guidance on the preparation of social circumstances reports for mental health officers and managers.

Guidance on delivering physical healthcare to people who lack capacity and refuse or resist treatment.

This good practice guide was previously published in 2008 before being revised and updated in 2021.

This guidance explains the provisions in the Mental Health (Scotland) Act 2003 regarding appeals against excessive security, and gives the Commission’s advice on the rights of patients and responsibilities of public bodies concerning such appeals.

This summary briefly explains the provisions in the Mental Health (Scotland) Act 2003 regarding appeals against excessive security, and gives an overview of the Commission’s advice on the rights of patients and responsibilities of public bodies concerning such appeals.

In mental health and learning disability services, care plans are a key mechanism by which a person’s individual care and treatment can be developed, documented and shared with all those who are involved.

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

A quick guide to Power of Attorney for general practitioners.

This document was reviewed in Spring 2021. The previous title was ‘The Adults with Incapacity Act in General Hospitals and Care Homes’.

This good practice guide was previously published as an advice note in 2014. It has been reviewed in 2021.

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

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.

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.

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.

This guidance has been developed to support managers and staff working in registered services for people with mental illness, learning disability, dementia or related conditions in Scotland. It is for anyone employed in caring for an individual who, because that person is not capable of making key decisions about his or her own health and welfare, has become subject to the Adults with Incapacity (Scotland) Act 2000 (AWI). 

A checklist of scenarios potentially addressed by a Psychiatric Emergency Plan.

Guidance on considerations when young people are admitted to adult mental health wards.

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.

Guidance primarily for professionals working with young people with borderline personality disorder such as medical practitioners (mainly psychiatrists and GPs), nurses and social workers, including mental health officers.

This guidance is about good practice in the development of person centred care plans for people using mental health, dementia and learning disability services. This guidance may be helpful for all clinical staff who develop and use care plans in a health and social care setting and for people who use services and their carers.

Good practice guide on alcohol-related brain damage (ARBD), assessment on capacity and use of legal powers.

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

A toolkit for Staff on the use of interpreters in mental health and learning disability settings. Developed in partnership with the Centre for Translation & Interpreting Studies in Scotland, Heriot-Watt University, Edinburgh.

Guidance to help mental health practitioners interpret the legal basis for treatment in line with best legal and ethical practice. This document was reviewed and updated to reflect key changes to the Mental Health (Scotland) Act 2015.

A good practice guide on supporting people to make advance statements and how they are used.

Information to help practitioners understand the role of independent advocacy, with guidance on dealing with difficult situations.

Our guidance on significantly impaired decision making ability (SIDMA) and individuals with eating disorders.

Guide on best practice in responding to incidents of violence in learning disability and mental health settings. This document was reviewed in Spring 2017 in light of changes to the Mental Health Act. The previous title was 'Zero Tolerance: Responding to violence in mental health or learning disability care settings'.

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.

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

Covert medication care pathway good practice guidance form: non-rewritable

Covert medication care pathway good practice guidance form: non-rewritable

Our guide to the use of The Mental Health Act in general hospitals.

This document is primarily for responsible medical officers (RMOs)

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

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.

A collaborative practice guide between the Social Work Inspection Agency ( now SCSWIS) and the Commission identifying the need for improvements in arrangements for the supervision and support of welfare guardians. (Please see amendments to the Act at: http://www.mwcscot.org.uk/good-practice/comision-advice/guidance-on-the-changes-introduced-by-an-amendment-to-the-regulations-concerning-the-supervision-of-welfare-guardians,-in-june-2014/)