Publications

Answers to certain questions in the Scottish Mental Health Law Review submitted by the Commission.

The Mental Welfare Commission for Scotland welcomes the opportunity to respond to the phase 1 consultation of the Scottish Mental Health Law Review. Our response is informed by the Commission’s experience of meeting its duties and responsibilities including those under the Mental Health (Care and Treatment) (Scotland) Act 2003 (the Act). 
 

Q: Do you agree that the Scottish Ministers should seek the Parliament’s approval to extend the Public Service Reform (Scotland) Act, Part 2 order making powers for a further five years from June 2020?
A: Unsure [reasons for response follow]

The Independent Review into the Delivery of Forensic Mental Health Services has made a public call for evidence. The Mental Welfare Commission for Scotland is responding as an organisation with a role in protecting the rights of people using Forensic Mental Health Services and an involvement in visiting and monitoring prisons and hospitals.

The Commission's responses to the Pre-Legislative Public Consultation on Financial Redress for Historical Child Abuse in Care questionnaire form.

We generally support the approach set out in section 1.2 of the Final Consultation document. We agree that we need to ensure that the law complies with the European Convention on Human Rights, and that Scotland should live up to the commitment to implement the UN Convention on the Rights of Persons with Disabilities. How this can be done is not simple, and it is important to proceed in a way which is conceptually clear, starts from where we currently are, and develops practical solutions. 

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 Commission's response to the Scottish Government consultation on "Equally Safe: A consultation on legislation to improve forensic medical services for victims of rape and sexual assault".

The Commission's response to the Scottish Government consultation on "Clinical Pathways and Guidance for Healthcare Professionals Working to Support Adults who Present Having Experienced Rape or Sexual Assault in Scotland".

The Commission's response to the Government consultation on establishing a statutory Appropriate Adult service in Scotland.

The Mental Welfare Commission's response to the Scottish Government consultation on the Adults with Incapacity Act.

Our response to the Public Petitions Committee's call for views on action called for in petition PE1667.

The Commission's response to the call for evidence by the Independent Strategic Review of Legal Aid.

Findings from our consultations with carers, looking at issues surrounding capacity. Carer opinion has been gathered from carer support meetings and discussions with individual carers, including those caring for individuals with mental illness, dementia, learning disability and autism.

Findings from our consultations with service users and carer groups, looking at issues around supported decision making and impaired judgement.

This report - written by Colin McKay and Professor Jill Stavert - provides an analysis and discussion of some of the major issues faced by Scottish mental health and capacity legislation.

Our response to the Health and Sport Committee's call for written views on subordinate legislation on the Mental Health (Scotland) Act 2015.

The Commission's response to the Scottish Government's consultation on the Draft Gender Representation on Public Boards (Scotland) Bill.

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

The Mental Welfare Commission's response to the Scottish Government's consultation on changes in regulations related to cross border transfers and absconding patients as a result of provisions in the 2015 Act.

Our response to the Scottish Government's new Mental Health Strategy.

MWC response to consultation for implementation of certain sections on the Mental Health Act (Scotland) 2015 and associated regulations, (Part 1), completed 30/05/2016.

Our response to the Consultation on the Scottish Law Commission Report on Adults with Incapacity.

The next Mental Health Strategy - The Mental Welfare Commission's proposed priorities.

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.

A new survey by the Mental Welfare Commission shows that nine out of 10 people who recently applied to become welfare guardians would advise others in their situation to do the same.

This report outlines research and analysis undertaken for the Commission in 2014 regarding welfare and financial guardianship.

Our response to the proposed changes to the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Scottish Government asked the Commission to host a consultation event to look at the extending appeals against excessive security to hospitals other than the State Hospital. Here is a report of the consultation event.

Our response to the Scottish Government's consultation on a proposal for a children and young people's bill.

Our response to the Scottish Law Commission's discussion paper on the Adults with Incapacity Act.

The Mental Welfare Commission's response to the Scottish Government's consultation on the Apologies Bill.

The Mental Welfare Commission's response to the Scottish Government consultation on "The same as you?"-Scotland's policy for people with learning disabilities.

The Commission's response to the Scottish Government consultation on the integration of health and social care.