Mental Welfare Commission for Scotland
Encyclopedia
The Mental Welfare Commission for Scotland is an independent statutory body established to safeguard the interests of people considered to be mentally disordered or incapacitated under the Mental Health (Care and Treatment) (Scotland) Act 2003
or the Adults with Incapacity (Scotland) Act 2000
.
It enquires into cases of alleged ill treatment or deficiency of care or treatment, with investigations that include visits to alleged victims in hospitals and community settings.
There is also the Mental Health Tribunal for Scotland
, which hears appeals against detentions and applications for compulsory treatment orders under the 2003 act.
The commission is funded through the Scottish Executive
Health Department. As such it is required to follow NHS
accounting rules and meet NHS financial targets.
"Part 2 of the 2003 Act sets out provisions relating to the continued existence of the Mental Welfare Commission for Scotland
. The Commission will have:
These powers and duties should enable the Commission to maintain and develop its vital role in protecting the rights of service users, and in promoting the effective operation of mental health law. Schedule 1 of the Act sets out more detail on the membership, organisation and general powers of the Commission and makes provision for regulations to specify some matters in more detail, if necessary." http://www.scotland.gov.uk/Publications/2003/11/18547/29204
The same act also set up the Mental Health Tribunal for Scotland
.
. As part of its relocation plans for Scottish Executive departments, the Commission was ordered to relocate to Falkirk
in 2005. However this was later reversed as the Scottish Ministers do not have the authority to relocate the Commission.
Mental Health (Care and Treatment) (Scotland) Act 2003
The Mental Health Act 2003, which came into effect on 5 October 2005, enables medical professionals to detain and treat people against their will on grounds of mental disorder, with the Mental Health Tribunal for Scotland and the Mental Welfare Commission for Scotland providing safeguards against...
or the Adults with Incapacity (Scotland) Act 2000
Adults with Incapacity (Scotland) Act 2000
The Adults with Incapacity Act 2000 is an act of the Scottish Parliament. It was passed on 29 March 2000, receiving Royal Assent on 9 May. It concerns the welfare of adults who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate...
.
It enquires into cases of alleged ill treatment or deficiency of care or treatment, with investigations that include visits to alleged victims in hospitals and community settings.
There is also the Mental Health Tribunal for Scotland
Mental Health Tribunal for Scotland
The Mental Health Tribunal for Scotland was set up by the Scottish Executive to hear applications for, and appeals against, Compulsory Treatment Orders, and appeals against Short Term Detention Certificates made under the Mental Health Act 2003, and other matters in relation to that Act, for...
, which hears appeals against detentions and applications for compulsory treatment orders under the 2003 act.
The commission is funded through the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
Health Department. As such it is required to follow NHS
NHS Scotland
NHS Scotland is the publicly funded healthcare system of Scotland. Although they are separate bodies the organisational separation between NHS Scotland and the other three healthcare organisations each commonly called the National Health Service in the United Kingdom tends to be hidden from its...
accounting rules and meet NHS financial targets.
Legal framework
The Scottish Executive's introduction to the Act specifies:"Part 2 of the 2003 Act sets out provisions relating to the continued existence of the Mental Welfare Commission for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The Commission will have:
- new duties to monitor the operation of the Act and to promote best practice;
- specific powers and duties in relation to carrying out visits to patients, investigations, interviews and medical examinations, and to inspect records; and
- powers and duties to publish information and guidance, and to give advice or bring matters to the attention of others in the mental health law system.
These powers and duties should enable the Commission to maintain and develop its vital role in protecting the rights of service users, and in promoting the effective operation of mental health law. Schedule 1 of the Act sets out more detail on the membership, organisation and general powers of the Commission and makes provision for regulations to specify some matters in more detail, if necessary." http://www.scotland.gov.uk/Publications/2003/11/18547/29204
The same act also set up the Mental Health Tribunal for Scotland
Mental Health Tribunal for Scotland
The Mental Health Tribunal for Scotland was set up by the Scottish Executive to hear applications for, and appeals against, Compulsory Treatment Orders, and appeals against Short Term Detention Certificates made under the Mental Health Act 2003, and other matters in relation to that Act, for...
.
Location
The Commission is currently based in EdinburghEdinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. As part of its relocation plans for Scottish Executive departments, the Commission was ordered to relocate to Falkirk
Falkirk
Falkirk is a town in the Central Lowlands of Scotland. It lies in the Forth Valley, almost midway between the two most populous cities of Scotland; north-west of Edinburgh and north-east of Glasgow....
in 2005. However this was later reversed as the Scottish Ministers do not have the authority to relocate the Commission.
Further reading
- Atkinson, J. (2006) Private and Public Protection: Civil Mental Health Legislation, Edinburgh, Dunedin Academic Press