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.
Publication
The use of the Mental Health (Care and Treatment) (Scotland) Act 2003 during Covid-19
17 Dec, 2020 | .pdf, 1.5 MB
A review of detentions during the pandemic and deaths of people subject to the Act (March–August 2020)
Publication
Non-compliance with CCTOs
21 Aug, 2020 | .pdf, 907.2 KB
We are regularly asked about what can be done when someone subject to a CCTO is not complying with the requirements of the order, or has become unwell.
Publication
Unlawful short term detention and section 291
6 Aug, 2020 | .pdf, 888.1 KB
We heard of a case where an individual was detained under a short-term detention certificate which the Tribunal ruled unlawful. There were discrepancies in the times of examination and granting the certificate.
Publication
Can you detain someone who won't talk you?
15 Jun, 2020 | .pdf, 882.7 KB
Ms X was known to have a mental illness and had a history of serious self-harm when unwell. Her relatives contacted the mental health services with serious concern about her.
Publication
Urgent Medical Treatment under the Mental Health Act (s243, T4)
15 Jun, 2020 | .pdf, 881.7 KB
A reminder that the responsible medical officer must report urgent treatment under section 243 to the Commission within seven days.
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
Nurse's power to detain
30 Jul, 2019 | .pdf, 180.9 KB
Our advice for nurses on using section 299 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
Publication
Guidance for mental health professionals on changes to the Mental Health Act implemented on 30 June 2017
2 Aug, 2017 | .pdf, 2.1 MB
Our guidance on the changes to the Mental Health Act implemented on 30 June 2017 and how this will affect mental health professionals.
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
The Mental Health Act in General Hospitals
25 Aug, 2016 | .pdf, 440.2 KB
Our guide to the use of The Mental Health Act in general hospitals.
Publication
Specified Persons Guide
18 Jul, 2016 | .pdf, 93.8 KB
This shorter, understandable guide on specified persons is for professionals, patients and carers.
Publication
Scotland's use of emergency detention without the consent of mental health officers
30 Jun, 2016 | .pdf, 591.5 KB
This report by the Commission - produced for the Scottish Government - examines Scotland's high levels of emergency mental health detention without the consent of specialist social workers.
Publication
Preparation of Care Plans for People subject to Compulsory Care and Treatment
25 Sep, 2015 | .pdf, 123.7 KB
This document is primarily for responsible medical officers (RMOs)
Publication
Specified Persons
13 Feb, 2015 | .pdf, 150.8 KB
Guidance on principles and best practice in implementing specified persons regulations under the Mental Health (Care & Treatment) (Scotland) Act 2003 in relation to restrictions around patients' correspondence or use of telephones, and relating to safety and security.
Publication
Death in detention monitoring
13 Mar, 2014 | .pdf, 597.7 KB
We were asked how many people died while subject to compulsory treatment. here is our answer and our analysis of the causes of death.
Publication
Emergency detention certificates revoked by approved medical practitioners
6 May, 2013 | .pdf, 699.4 KB
An analysis of emergency detention certificates that were revoked by approved medical practitioners, compiled by Mira Thomas and Karthik Bommu.
Publication
When parents are detained
6 Mar, 2013 | .pdf, 1 MB
A report into awareness of section 278 of the Mental Health Act, which places a duty on services to consider the effect of compulsory treatment on parental relations.
Publication
Immediate Redetention after failed application to tribunal
7 Nov, 2012 | .pdf, 162.8 KB
We were asked to look into cases where individuals had been detained in hospital after a failed application to the tribunal.
Publication
Immediate re-detention
31 Oct, 2012 | .pdf, 210.3 KB
A report into the incidence of immediate re-detentions under short term detention certificates, particularly where a compulsory treatment order was refused by the Tribunal.
Publication
Emergency detention
31 Oct, 2012 | .pdf, 429.2 KB
A report into the use of detention certificates for people who are already in hospital.
Publication
Short Term Detentions
1 Jan, 2010 | .pdf, 123.7 KB
Monitoring report from visits to one in five people receiving short-term compulsory care and treatment in Scotland.
Publication
Social Circumstances Reports
1 Jan, 2009 | .pdf, 76.1 KB
Good practice guidance on the preparation of Social Circumstances Reports for mental health officers and managers.