Homepage Publications


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.


Nutrition by artificial means

18 Jul, 2024 | .pdf, 1.2 MB

Ethical and legal guidance for those considering the provision of artificial nutrition to a patient with an eating disorder.


Compulsory treatment for mental illness in the community – how is it working?

27 Feb, 2024 | .pdf, 1.9 MB

Themed report on community compulsory treatment orders (CCTOs), 2024.


Rights, risks and limits to freedom

18 Mar, 2021 | .pdf, 1.2 MB

This aims to guide thinking on the use of restraint and encourage care staff to consider the impact actions may have on the people they are caring for.


Deprivation of Liberty

10 Mar, 2021 | .pdf, 1.3 MB

An update of the analysis and guidance advice on deprivation of liberty (originally produced in 2013, current as of 2020).Thank you to Jill Stavert for producing this update.


Decisions about technology

5 Feb, 2021 | .pdf, 1.1 MB

Principles and guidance on good practice when considering the use of telecare and assistive technology for people with dementia, learning disabilities and related disorders.


Hidden Surveillance

5 Feb, 2021 | .pdf, 1 MB

This advice note considers the issues for organisations such as care homes who may be considering using hidden surveillance. It also looks at the subject from the point of view of families and friends of people who are cared for by such organisations, and who may themselves be considering using hidden surveillance.


The views of people with lived experience of mental ill health and related conditions, and their friends and family, on the use of seclusion in psychiatric hospitals

16 Jul, 2020 | .pdf, 2.2 MB

The following paper reflects the voice, experience and opinions that people with lived
experience, and their families/carers, provided for the Commission around their work on the good practice guide Use of seclusion. It will inform our work and future reports on this subject but is not, in itself, an expression of the Commission’s views on this area.


Use of seclusion

10 Oct, 2019 | .pdf, 969.1 KB

The purpose of this document is to provide clear guidelines for the consideration and use of seclusion and to ensure that, where this takes place, the safety, rights and welfare of the individual are safeguarded.


Use of Restraints Guide

18 Jul, 2016 | .pdf, 104.9 KB

This shorter, understandable guide is for professionals, patients, and carers on the use of restraints.


Visits to people on longer term community-based compulsory treatment orders

29 Dec, 2015 | .pdf, 824.3 KB

A summary of our findings and recommendations from our visits to people on Community Compulsory Treatment Orders (CCTOs) in 2015.


Guidance on smoking

5 Mar, 2015 | .pdf, 170.8 KB

Our updated guidance on smoking in NHS mental health and learning disabilities in-patient services.


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.


Updated Survey of Recorded Matters (2)

2 Oct, 2014 | .pdf, 492.6 KB

In May 2009, the Mental Welfare Commission (MWC) reported on a survey of Recorded Matters made between October 2005 and December 2008.


Guidance on s13ZA and the Cheshire West Supreme Court Decision

17 Sep, 2014 | .pdf, 99.1 KB

Mental Welfare Commission response to queries related to when to use s13ZA v Guardianship following the Cheshire West Supreme Court decision.


Excessive security

15 Apr, 2013 | .pdf, 483.4 KB

The Scottish Government asked the Commission to host a consultation event to look at the extending appeals against excessive security to hospitals other than the State Hospital. Here is a report of the consultation event.


RES 3A form

3 Jul, 2012 | .pdf, 91.9 KB

Review of prohibitions and restrictions


RES 3 form

3 Jul, 2012 | .pdf, 95.1 KB

Implementation of measures to restrict the use of telephones


Lives Less Restricted CCTO 10-11

1 Oct, 2011 | .pdf, 194.8 KB

Monitoring report looking at people subject to compulsory treatment orders with community powers.


Rights, recovery and restriction

28 Aug, 2008 | .pdf, 102.9 KB

Report from our visits to people receiving care and treatment in forensic mental health services across Scotland.