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.

34 matching publications.

Publication

Response to Phase 1 Consultation of the Scottish Mental Health Law Review

29 May, 2020 | .pdf, 1.7 MB

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). 
 

Publication

Public Services Reform (Scotland) Act 2010: Extension of Part 2 Order Making Powers

19 Feb, 2020 | .pdf, 41.9 KB

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]

Publication

Independent Review into the Delivery of Forensic Mental Health Services call for evidence: response from Mental Welfare Commission

31 Jan, 2020 | .pdf, 97.8 KB

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.

Publication

Pre-Legislative Public Consultation on Financial Redress for Historical Child Abuse in Care

22 Nov, 2019 | .pdf, 205 KB

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

Publication

Response to learning disability and autism in MHA consultation

5 Nov, 2019 | .pdf, 120.8 KB

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. 

Publication

Response to Petition PE1741: ‘to urge the Scottish Government to introduce a new law addressing the needs and rights of people with lifelong learning disabilities in Scotland.’

28 Oct, 2019 | .pdf, 55.3 KB

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.’

Publication

Justice Committee Secure Care for Children and Young People in Scotland: Submission from the Mental Welfare Commission for Scotland

6 Sep, 2019 | .pdf, 150.5 KB

Publication

Equally Safe: a consultation on legislation to improve forensic medical services for victims of rape and sexual assault

9 May, 2019 | .pdf, 26.7 KB

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".

Publication

Pathway for sexual assault and rape

5 Feb, 2019 | .pdf, 17 KB

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".

Publication

Scottish Government consultation on establishing an Appropriate Adult service in Scotland

20 Jun, 2018 | .pdf, 120.5 KB

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

Publication

Scottish Government consultation on the Adults with Incapacity Act

30 Apr, 2018 | .pdf, 196.9 KB

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

Publication

Public Petitions Committee PE 1667

5 Dec, 2017 | .pdf, 87.9 KB

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

Publication

Legal aid review

5 Jun, 2017 | .pdf, 112.2 KB

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

Publication

Capacity, Detention, Supported Decision Making and Mental Ill Health

31 May, 2017 | .pdf, 198 KB

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

Publication

Scotland's Mental Health and Capacity Law: the Case for Reform

31 May, 2017 | .pdf, 936.1 KB

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.

Publication

Capacity - Carer Opinion

31 May, 2017 | .pdf, 32.3 KB

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.

Publication

Health and Sport Committee consultation on Scottish Statutory Instruments on the Mental Health (Scotland) Act 2015

23 May, 2017 | .pdf, 36.6 KB

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

Publication

Scottish Government Consultation on the Draft Gender Representation on Public Boards (Scotland) Bill

16 Mar, 2017 | .pdf, 22.6 KB

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

Publication

Response to the Equality and Human Rights Commission on single measurement framework

28 Feb, 2017 | .pdf, 804.6 KB

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

Publication

Response to Consultation on Cross Border Transfers and Absconding Patients

10 Oct, 2016 | .pdf, 35.4 KB

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.

Publication

Mental Health Strategy response

15 Sep, 2016 | .pdf, 27.7 KB

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

Publication

Mental Health Act (Scotland) 2015

17 Aug, 2016 | .pdf, 181.1 KB

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.

Publication

Consultation on the Scottish Law Commission Report on Adults with Incapacity

31 Mar, 2016 | .pdf, 662.1 KB

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

Publication

The next Mental Health Strategy

23 Mar, 2016 | .pdf, 75.7 KB

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

Publication

Human rights in Mental Health Care in Scotland

28 Sep, 2015 | .pdf, 642.8 KB

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.

Publication

Private Welfare Guardians

28 Apr, 2015 | .pdf, 327.6 KB

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.

Publication

Guardianship research, analysis and projects 2014

20 Apr, 2015 | .pdf, 2.7 MB

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

Publication

Mental Health Act consultation response

1 Jan, 2014 | .pdf, 148.3 KB

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

Publication

Excessive security

15 Apr, 2013 | .pdf, 483.4 KB

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.

Publication

Scottish Government consultation on children and young people bill

9 Nov, 2012 | .pdf, 102.6 KB

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

Publication

SLC consultation on adults with incapacity

3 Nov, 2012 | .pdf, 122.4 KB

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

Publication

The Same as You consultation

31 Oct, 2012 | .pdf, 107.1 KB

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

Publication

Apologies bill consultation

31 Oct, 2012 | .pdf, 58.1 KB

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

Publication

Health and social care integration

17 Oct, 2012 | .pdf, 76.3 KB

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