Our mission is to be a leading and independent voice in promoting a society where people with mental illness, learning disabilities, dementia and related conditions are treated fairly, have their rights respected, and have appropriate support to live the life of their choice.
We do this by empowering individuals and their carers, monitoring mental health and incapacity law, and influencing and challenging service providers and policy makers.
Individuals may be vulnerable because they are less able, at times, to safeguard their own interests. They can have restrictions placed on them in order to receive care and treatment. When this happens, we make sure it is legal and ethical. We draw on our experience of health and social care, and the experience of people who use services and their carers/relatives.
The Commission was originally set up in 1960 under the Mental Health Act. Our duties are set out in current mental health and incapacity law.
We are accountable to Ministers at the Scottish Government for our statutory duties and how we spend public money. We carry out our work and produce reports independently from the Scottish Government.
The law says that we must have people with experience of a mental health condition and people who have experience of caring for a person with a mental health condition on the Board. This means that important voices of experience are at the heart of our decision making.
Keep up to date with the latest news from the Mental Welfare Commission.
Find out about our most recent investigations, upcoming events and the latest advice on mental health and adults with incapacity law.
Download corporate reports about the Mental Welfare Commission including our strategic and business plans, and information about who we are and what we do.
People who work at the Commission play a vital role in promoting the rights and welfare of some of Scotland's most vulnerable people.
It's challenging and rewarding work that relies on good communication skills and the ability to work well as a part of a team.
A memorandum of understanding is an agreement between two parties in the form of a legal document.
It is not fully binding in the way a contract is, but it is stronger and more formal than a traditional gentleman's agreement.
The Freedom of Information (Scotland) Act 2002 (FOISA) came into force in January 2005.
The Freedom of Information (Scotland) Act 2002 gives rights to individuals to access information held by us, subject to certain conditions and exemptions. Requests made under FOISA do not normally include requests for personal information which are dealt with under Data Protection legislation.
The General Data Protection Regulations (GDPR) came into effect from 25 May 2018. They strengthen data protection, and apply to private and public organisations.
The Commission has always been very careful in handling personal information. But the new regulations prompted us to explain more about how we handle personal information.
The Mental Welfare Commission produces a range of publications, from investigations into the treatment of individuals, to good practice guides for professionals.
Our publications are for a range of audiences including professionals, service users and carers. You can download all of our publications from our website. We also have some hard copies of our reports available.
To request a hard copy, please contact our Communications department on 0131 313 8782 or email enquiries@mwcscot.org.uk.