Publications

An analysis to inform future law reform. This report was submitted to the Scottish Mental Health Law Review for 29 May, and published on 10 June 2022.

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.

We report our function in monitoring the use of the AWI Act in two parts: 1) statistical monitoring of extant (existing) and granted guardianships, and 2) visits to individuals on guardianship orders to ensure their rights are upheld.

Annual monitoring report on young people being treated in non-specialist wards

We look at detentions under the Mental Health Act between 1 March 2020 and 28 February 2021. We look in detail into how many detentions there were, where and when they took place, and if there are any differences between health boards and also in characteristics of people who were detained. 

There were concerns expressed in the Scottish Government’s review of the Mental Health Act in (known as ‘the McManus Review’) about the lack of uptake of advance statements. However, there have not been any estimates on prevalence until this report.

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’).

This report focusses on advance statement overrides (ASOs). We present the data on:

• the number of overrides the Commission was informed about over the years 2017-18 and 2018-19;
• detail of the wishes and refusals that were overridden; 
• and the actions the Commission took in some of these cases.
   

A review of detentions during the pandemic and deaths of people subject to the Act (March–August 2020)

In this report, we expand on data presented in the Mental Health Act Monitoring Report, to explore the context around detentions and presentations of young people detained under the Mental Health Act. 

We report our function in monitoring the use of the AWI Act in two parts: 1) statistical monitoring of extant (existing) and granted guardianships, and 2) visits to individuals on guardianship orders to ensure their rights are upheld.

One page of graphics summarising the main findings in the AWI monitoring report 2019-20

A review of Psychiatric Emergency Plans in Scotland in follow up to the Mental Welfare Commission’s Place of Safety Reports 2016 and 2018.
 

The number of young people under the age of 18 admitted to non-specialist hospital wards – mainly adult wards - for treatment of their mental illness in Scotland in 2018-19 rose for the second year running. 

This report outlines data on the use of the Mental Health (Care and Treatment)(Scotland) Act 2003 during 2018/19. The report also includes a broader range of figures, and comparisons over the last ten years.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2017-18.

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2017-18.

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2017-2018.

Our report on police use of place of safety orders in Scotland.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2016-2017. The report also includes a broader range of figures, and comparisons over the last 10 years. This document was first published in October 2017, and was reviewed and amended in May 2018.

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2016-17.

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2016-17.

Our monitoring report looking at how Police Scotland use their power to detain people in a public place of safety under the Mental Health Act.

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2015-16. This includes the results from a second, more in-depth, monitoring exercise we undertook this year over a six months period.

Our annual overview of the use of the Adults with Incapacity (Scotland) Act 2000.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2015-2016 and comment on any trends since the act was implemented in October 2005.

Accompanying appendix for our Mental Health Act Monitoring report 2015-16.

This report by the Commission - produced for the Scottish Government - examines Scotland's high levels of emergency mental health detention without the consent of specialist social workers.

We have a statutory responsibility to monitor the use of the Mental Health Act, here we publish a summary of its use in 2014/2015 and comment on any trends since the act was implemented in October 2005.

Our annual overview of the use of the Adults with Incapacity (Scotland) Act 2000.

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2013/2014.

Mental Health Act Monitoring Report 2014/15, statistical tables

Our annual report of key findings from our monitoring of the Mental Health (Care and Treatment) (Scotland) Act in 2013/2014.

Our annual report of key findings from our monitoring of young persons to non-specialists in 2013/2014.

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2013/2014.

Our report on admissions of young people to non-specialists wards in 2012/13.

Our report on our equality monitoring in 2012/13.

Our annual monitoring statistics of the Mental Health act during 2012/13.

Our annual statistics report on our monitoring of the Adults with Incapacity Act.

A report on our visits to care homes and hospitals to monitor use of section 47 certificates.

Our annual report of our key findings from our monitoring of the Mental Health Act 2011-12.

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2011-12.

A special report on young people in our monitoring of mental health and incapacity law in 2011-12.

A special report on equality in our monitoring of mental health and incapacity law in 2011-12.

Key findings from our monitoring of mental health and incapacity legislation in Scotland 2010-2011.

Key findings our monitoring of mental health and incapacity legislation in Scotland 2009-2010.

Key findings from our monitoring of mental health and incapacity legislation in Scotland 2008-2009.