Notifying the Commission
We are often asked about what issues and incidents should be reported to the Mental Welfare Commission.
Notifications
We recognise every situation is unique and it is not possible to provide guidance that covers every circumstance. This guidance is intended to assist staff working in Health and Social Care Partnerships, the NHS, local authorities and independent sector services decide whether an incident or concern should be notified to us and how that notification should be made. The information may also be useful for individuals receiving services, in addition to their families and carers.
The term 'individual' is used throughout this guidance to refer to a person with mental illness, learning disability, dementia or a related condition.
Any such notification to us does not replace any reporting requirements to other organisations. Where applicable, incidents should also be reported to the relevant body e.g., the Care Inspectorate, procurator fiscal, local authority or Healthcare Improvement Scotland.
On receipt of a notification, we will determine whether any further information is required or any action is to be taken. If you are unsure whether an incident or issue should be notified, please contact us:
- telephone: 0131 313 8777
- email: mwc.enquiries@nhs.scot
Notification of Deaths
We should be notified of the death of an individual which meets any of the following criteria:
- the deceased was subject to compulsory treatment under either the Mental Health (Care and Treatment) (Scotland) Act 2003 or Criminal Procedure (Scotland) Act 1995 at the time of death;
- the deceased died within one month of cease of detention under the above Acts;
- the person died by actual or suspected suicide as an inpatient or within one month of discharge from hospital;
- there is a significant concern regarding an aspect of the care and treatment prior to the patient’s death.
All deaths should be reported within 10 working days using this form:
ND1 notification of death
General Notifications
The examples below illustrate the types of incidents and concerns that should be notified to us. The list is not exhaustive. If you are unsure whether a matter should be reported, please get in touch by telephone on 0131 313 8777, or by email: mwc.enquiries@nhs.scot
- an individual who is receiving care from mental health or learning disability services is accused of or convicted of, a serious crime, e.g. homicide, serious physical assault or sexual assault;
- it appears an individual is being, or has been, detained in any care setting without appropriate legal authority;
- a Fatal Accident Inquiry should, or will, be held;
- an individual suffers a serious injury or adverse physical effects following an incident where it appears there has been a deficiency in care or treatment;
- an individual suffers a serious injury or adverse physical effects as a result of restraint or where the injury has been caused deliberately by another person;
- an individual suffers a serious injury or adverse physical effects where the injury has been caused deliberately by another person;
- an individual is living alone or without care and is unable to look after themselves, their property or financial affairs and no intervention is taking place to remedy the situation;
- incidents or circumstances in which a deficiency in care has led to the property of an individual suffering significant loss or damage or has led to it being at risk of significant loss or damage.
In addition to the above, local authorities should notify us of any significant investigation they carry out under:
- Section 33 of the Mental Health (Care and Treatment) (Scotland) Act 2003
- Section 10(1)(c) of the Adults with Incapacity (Scotland) Act 2000
or - where a Protection Order under the Adult Support and Protection (Scotland) Act 2007 has been taken out in relation to an individual.
Information required by the Commission
The information provided to the Commission should be relevant and proportionate to the circumstances and would normally include:
- a brief account of the circumstances of the incident or situation, its background and any other relevant information
- information on the diagnosis, treatment and the mental state of the person
- information on any other person involved
- the further action being taken or considered, including any changes in procedure, policy or the physical environment
- an indication of any further investigation, enquiry or review being carried out or considered and a copy of the outcome of these when available.
MHA and AWIA forms
A list of Mental Health Act and Adults with Incapacity forms, including RES forms, ADM forms and Appendix A and E.