Publications

We know that a small number of people with a diagnosis of learning disability might need care and treatment according to this law. This paper looks at compulsory treatment orders and aims to understand how the law has helped this small group of people with a diagnosis of learning disability only. 

A review of repeated uses of police place of safety powers under the Mental Health Act.

Admissions of young people under the age of 18 to non-specialist wards in Scotland 2022-23

A review of how health and social care partnerships, local authorities and NHS boards are discharging their responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Commission monitors advance statement overrides (ASOs). The aim is to focus resources on more robust, timeous monitoring of ASOs that have not been subject to any external scrutiny by a designated medical practitioner, and on follow up that is more beneficial to patients.     

We look at detentions under the Mental Health Act between 1 March 2020 and 28 February 2021. We look in detail into how many detentions there were, where and when they took place, and if there are any differences between health boards and also in characteristics of people who were detained. 

There were concerns expressed in the Scottish Government’s review of the Mental Health Act in (known as ‘the McManus Review’) about the lack of uptake of advance statements. However, there have not been any estimates on prevalence until this report.

This report focusses on advance statement overrides (ASOs). We present the data on:

• the number of overrides the Commission was informed about over the years 2017-18 and 2018-19;
• detail of the wishes and refusals that were overridden; 
• and the actions the Commission took in some of these cases.
   

A review of detentions during the pandemic and deaths of people subject to the Act (March–August 2020)

In this report, we expand on data presented in the Mental Health Act Monitoring Report, to explore the context around detentions and presentations of young people detained under the Mental Health Act. 

This report outlines data on the use of the Mental Health (Care and Treatment)(Scotland) Act 2003 during 2018/19. The report also includes a broader range of figures, and comparisons over the last ten years.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2017-18.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2016-2017. The report also includes a broader range of figures, and comparisons over the last 10 years. This document was first published in October 2017, and was reviewed and amended in May 2018.

Accompanying appendix for our Mental Health Act Monitoring report 2015-16.

We have a statutory responsibility to monitor the use of the Mental Health Act. Here we publish a summary of its use in 2015-2016 and comment on any trends since the act was implemented in October 2005.

Mental Health Act Monitoring Report 2014/15, statistical tables

We have a statutory responsibility to monitor the use of the Mental Health Act, here we publish a summary of its use in 2014/2015 and comment on any trends since the act was implemented in October 2005.

Our annual report of key findings from our monitoring of the Mental Health (Care and Treatment) (Scotland) Act in 2013/2014.

Our annual monitoring statistics of the Mental Health act during 2012/13.

Our annual report of our key findings from our monitoring of the Mental Health Act 2011-12.