MENTAL WELFARE COMMISSION FOR SCOTLAND
The Mental Welfare Commission for Scotland protects mentally disordered people who cannot look after their own interests. The Commission has statutory duties under the Mental Health (Care and Treatment)(Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000.
The Commission is required under the 2003 Act to enquire into cases of alleged ill treatment or deficiency of care or treatment. It is also required to visit patients on a compulsory tratment order (CTO) (or a similar order if the person has committed and offence) as well as everyone on a community CTO.
The Commission also has duty to bring to attention of Ministers, Health Boards, NHS Boards, local authorities or any other body the facts of any case where it is considered desirable for that body to exercise its functions to secure the welfare of the person concerned. This may be by preventing ill-treatment, remedying any deficiency in care and treatment, terminating improper detention, or preventing or redressing loss or damage to property.
The Commission must be notified of all episodes of compulsory treatment under the 2003 Act and the Criminal Procedure (Scotland) Act 1995. In carrying out these responsibilities the Commission is able to produce a statistical overview of the operation of detention procedures in Scotland.
Under Section 18(1) of the 2003 Act, the Commission is required to publish an Annual Report of its activities, to be submitted to Ministers for laying before the Scottish Parliament.
The 2004-05 Annual Report was published in November 2005. This is available at http://www.mwcscot.org.uk/