Report on the Review of the Mental Health (Scotland) Act 1984

Executive Summary

THE MENTAL WELFARE COMMISSION

Mental Welfare Commission

128. The Mental Welfare Commission for Scotland should continue to exercise a broad protective function in relation to people with mental disorders, whether or not subject to compulsion, and its powers should be extended in some respects.

129. The membership of the Commission should include increased representation of service users and carers. At least two members should have personal experience of mental disorder, and two members should have personal experience as carers.

130. The Commission should be accountable to the Scottish Parliament, as well as the Scottish Executive.

131. There should be a review of the structure and internal management arrangements of the Commission. The Memorandum of Agreement between the Mental Welfare Commission and the Scottish Executive should be published.

132. The Commission should have a responsibility to promote the Principles of the new Mental Health Act and monitor its operation.

133. The Commission should retain the power to discharge patients subject to compulsion (other than restricted patients), the responsibility to visit mental health services, including unannounced visits, and the power to conduct enquiries into deficiencies in care. It should have a duty to visit people with mental disorder in prisons. Its rights to interview service users and inspect records should be extended to community mental health services.

134. The agency with responsibility for the investigation of the handling of complaints under the NHS complaints procedure which concern a patient with mental disorder should be the Health Service Commissioner (the 'NHS Ombudsman'). The Memorandum of Understanding between the Health Service Commissioner and the Mental Welfare Commission should be published.

135. The Commission should publish reports on visits and inquiries and guidance and advice, as well as an Annual Report. It should also collect and publish statistical information.

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