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.

Our latest Publication Scheme

View our memorandum with the Scottish Government.

Our MWC Information Guide 2015 revised July 2023

This report from 2022 reflected on the key messages highlighted in our prison themed visit report of 2011. Ten years on, we wanted to learn about how practice had evolved, whether the intended improvements linked to the transfer of health care responsibility from the Scottish Prison Service (SPS) to NHS Scotland had had a meaningful impact and we aimed to highlight and respond to any other issues identified and raised with us. It was also necessary to understand the unprecedented impact of the Covid-19 global pandemic and its effect on prisoners and their care and treatment in custody.

Our memorandum of understanding with Healthcare Improvement Scotland.

This strategy sets out our vision, purpose, values and priorities for the three years ahead, to March 2026.

A review of how health and social care partnerships, local authorities and NHS boards are discharging their responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Updated November 2022: the Mental Welfare Commission and Scottish Government have issued this joint statement on supporting discharges from hospital for adults with incapacity.

_{This agreement covers the sharing of personal data by The Office of the Public Guardian (Scotland) with The Mental Welfare Commission for Scotland and vice versa.} 

Our 2021 -22 Independent auditors report

View our memorandum of understanding with the Mental Health Tribunal.

While the lessons learned in our national investigations are widely shared, this report seeks to identify how we can extend that work, sharing lessons learned from every level of investigation – from relatively straight forward situations to the most complex.

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.

Investigating deaths occurring during compulsory care and treatment under mental health legislation in Scotland: the Mental Welfare Commission for Scotland proposals, final report to the Scottish Government.

The aim of the review was to establish whether the current arrangements for investigating the deaths of people being treated for a mental health condition or learning disability are adequate, and how well local organisations support and engage with the families and carers of people who have died.

The Mental Welfare Commission for Scotland proposals for the investigation of mental health homicides: final report to the Scottish Government.

In 2015, the Scottish Government called for the Commission to develop a model for Scotland for independent investigations of care and treatment prior to mental health homicides. The Commission has developed a proposed pathway for mental health homicides that we believe is innovative, inclusive and human rights compliant. We believe the proposals laid out in this document are ambitious but necessary and will require funding support from the Scottish Government.

Agreement for the transfer of records between the Keeper of Records of Scotland & The Mental Welfare Commission for Scotland

This agreement is intended to promote an effective working relationship and information sharing protocol between the Mental Welfare Commission for Scotland and the Health and Safety Executive in Scotland on areas of mutual interest.

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.

Under the Children and Young People (Scotland) Act (2014) (“the Act”) the Mental Welfare Commission for Scotland (“the Commission”) was made a Corporate Parent and given a specific role with responsibilities towards children and young people who are ‘looked after’ or care experienced.

Our information risk management policy

We wanted to explore how well Scotland’s mental health sector performs in relation to racial equality.

To address this we looked at six themes: ethnicity and detention under the Mental Health Act; the views of people with lived experience; the experience and training of Scotland’s mental health services workforce; racial equality in that workforce; and recording and reporting of ethnicity across mental health services; including in the Commission’s own work.

This is our updated complaints handling procedure.  

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’).

This is our Additional Updated Equality Information April 2021

Memorandum of Understanding with Scottish Public Service Ombudsman

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.

The Metal Welfare Commission for Scotland annual report 2019-20

The Mental Welfare Commission's position statement on Section 13ZA, Social Work (Scotland) Act 1968 in relation to the Coronavirus (Scotland) Act 2020

In January 2020, the Mental Welfare Commission for Scotland (the Commission) undertook stakeholder feedback research. The aim of the research was to explore perceptions of the Commission and its impact, to understand what the Commission is doing well and to identify any areas for improvements.  

Actions arising from the results of the Commission's stakeholder survey conducted in 2020.

Business Plan 2020-21

The Mental Welfare Commission has published a position statement on its role and responsibility in relation to coronavirus.

This report has been produced voluntarily, and covers 2017-19.

Our business plan review - performance against key targets report for 2018/19

This is the Commission’s strategy for engagement and participation with stakeholders, including people who use services, users, carers, professionals and organisations for the next three years. It has been developed to support the achievement of our strategic priorities, as set out in our five year strategic plan.

Our signed accounts for 2017-18.

This is the annual report of the COmmission's new complaints handling procedure, covering the period, April 2017 - March 2018.

This document sets out our agreed equalities outcomes and plans.

The Commission's policy on accessible information.

This outlines our plans in this new role and should be read in conjunction with the Commission's strategic plan and business plans.

Our signed accounts for 2016-17.

Our annual report for the year 2016-17, which highlights the work of the Commission during the past year.

This document details the Information Governance and Technology Strategy for the Mental Welfare Commission for Scotland over the next three years.

Our strategic plan for the period 2017-2020.

This strategy builds on the Stakeholder Involvement and Feedback Strategy 2014-17. It deals specifically with our engagement with organisations and professional groups, and sits alongside the Engagement Strategy for Individuals and Carers.

Our annual report for 2015-16, highlighting  our key activities and recommendations for the year.

Our signed accounts for 2015-16.

Produced in partnership with: Audit Scotland, Care Inspectorate, Healthcare Improvement Scotland, Mental Welfare Commission for Scotland, NHS Education for Scotland, and NHS National Services Scotland.

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

Our annual report for 2014-2015, highlighting our key activities and recommendations of the year.

Our memorandum of understanding with the Health and Safety Executive.

An easy read version of our Annual Report for 2013-2014.

Our report of our Annual Accounts 2013-2014, year ending 31 March 2014.

Our memorandum of understanding with the Care Inspectorate.

View our memorandum of understanding with the Scottish Social Services Council.

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

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