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.

29 matching publications.

Publication

Nurse's power to detain

30 Jul, 2019 | .pdf, 180.9 KB

Our advice for nurses on using section 299 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Publication

Power of Attorney and restriction of liberty

15 Mar, 2018 | .pdf, 362.7 KB

Our guidance on the limits to power of attorney when an adult with incapacity resists or objects.

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

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

Hidden Surveillance

2 Dec, 2015 | .pdf, 395.3 KB

This advice note considers the issues for organisations such as care homes who may be considering using hidden surveillance. It also looks at the subject from the point of view of families and friends of people who are cared for by such organisations, and who may themselves be considering using hidden surveillance.

Publication

Complaints about Solicitors and Tribunal Hearings

4 Aug, 2015 | .pdf, 460.7 KB

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

Publication

Deprivation of Liberty 2015

10 Jul, 2015 | .pdf, 787.7 KB

An update of the analysis and guidance advice on deprivation of liberty produced in 2013.Thank you to Jill Stavert for producing this update.

Publication

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

10 Mar, 2015 | .pdf, 186.3 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

Guidance on smoking

5 Mar, 2015 | .pdf, 170.8 KB

Our updated guidance on smoking in NHS mental health and learning disabilities in-patient services.

Publication

Guidance on s13ZA and the Cheshire West Supreme Court Decision

17 Sep, 2014 | .pdf, 99.1 KB

Mental Welfare Commission response to queries related to when to use s13ZA v Guardianship following the Cheshire West Supreme Court decision.

Publication

Cross Border Transfer Legislation, Regulations and Guidance

2 Jun, 2014 | .pdf, 218.2 KB

A guidance factsheet for practitioners on legislation and regulations relating to cross border issues.

Publication

Part 16 notes

16 Apr, 2014 | .pdf, 567.4 KB

Our advice notes on giving medical treatment under Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003. This document is currently under review. Any comments on its content should be emailed to - mike.warwick@nhs.net

Publication

Who is the responsible medical officer (RMO)?

28 Mar, 2014 | .pdf, 129.2 KB

We are often asked about this topic so have provided some clarification on RMOs.

Publication

Non-compliance with community compulsory treatment orders

5 Feb, 2014 | .pdf, 258.2 KB

 Our advice on non-compliance with community compulsory treatment orders. We hope this shorter, more accessible guide can be used by staff, service users and carers.

Publication

Transfers and section 47 of the Adults with Incapacity Act

7 Aug, 2013 | .pdf, 162.6 KB

A reminder about transfers to hospital under the Adults with Incapacity Act.

Publication

Community CTOs and recall powers

7 Aug, 2013 | .pdf, 166.9 KB

We aim to clarify the difference between s114 certificates and short term detention certificates in relation to Community CTOs.

Publication

Unlawful short term detention and section 291

13 May, 2013 | .pdf, 163.6 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

Admission under s113 (CCTO)

13 May, 2013 | .pdf, 162.5 KB

A scenario that the Act did not envisage: what if there is a separate RMO for community and in-patient treatment?

Publication

Urgent Medical Treatment under the Mental Health Act (s243, T4)

13 May, 2013 | .pdf, 162 KB

A reminder that the responsible medical officer must report urgent treatment under section 243 to the Commission within 7 days.

Publication

Monitoring Clozapine

13 May, 2013 | .pdf, 167.4 KB

We were asked to look at a case of a patient on clozapine therapy who had died. This is a complex area of clinical practice often involving a clozapine clinic as well as the usual CMHT and GP. While we did not conclude that there was a deficiency of care, we thought there were a number of useful learning points.

Publication

Legal Aid for Welfare Guardianship

7 Nov, 2012 | .pdf, 162.4 KB

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

Publication

How a local s47 certificate must be written

7 Nov, 2012 | .pdf, 161.9 KB

We had thought that all section 47 certificates must be granted on the form available from the Scottish Government website.

Publication

Advance Directives refusing life sustaining treatments

7 Nov, 2012 | .pdf, 162.9 KB

In Scotland, an advance refusal of life-sustaining treatment has no formal legal status under the 2000 Act. It is different in England and Wales under the Mental Capacity Act 2005.

Publication

Immediate Redetention after failed application to tribunal

7 Nov, 2012 | .pdf, 162.8 KB

We were asked to look into cases where individuals had been detained in hospital after a failed application to the tribunal.

Publication

Guardianship Applications before 16th birthday

7 Nov, 2012 | .pdf, 162.2 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

When is "AWI Incapacity" more than inability to communicate?

1 Mar, 2012 | .pdf, 163 KB

The Act, when defining incapacity, states that it must be due to either mental disorder or inability to communicate because of physical disorder. There are important differences in how these separate disorders are managed.

Publication

Can you detain someone who won't talk you?

1 Mar, 2012 | .pdf, 166.1 KB

Ms X was known to have a mental illness and had a history of serious self-harm when unwell. Her relatives contacted the mental health services with serious concern about her.

Publication

S47 certificate still needed if there is a welfare proxy

1 Mar, 2012 | .pdf, 162.7 KB

Except in emergencies, the Act requires that medical treatment is authorised under a certificate granted (usually) by the medical practitioner. There may also be a welfare proxy (attorney, guardian or holder of an intervention order) with the authority to consent.