Homepage Publications

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.

44 matching publications.

Publication

Supported decision-making (good practice)

2 Oct, 2024 | .pdf, 1.7 MB

Our Supported Decision Making good practice guide explains the relevance and importance of supported decision making, and the role that it can play in reinforcing principales that underpin Scottish legislation.

Publication

Recall of guardianship

19 Sep, 2024 | .pdf, 897.4 KB

Publication

Advance statements

5 Sep, 2024 | .pdf, 4.1 MB

A good practice guide on supporting people to make advance statements and how they are used.

Publication

Easy read: Advance statements

5 Sep, 2024 | .pdf, 627.8 KB

Publication

Consent to treatment

5 Aug, 2024 | .pdf, 1.4 MB

Guidance to help mental health practitioners interpret the legal basis for treatment in line with best legal and ethical practice. This document was reviewed and updated in 2024.

Publication

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.

Publication

Carers, consent, and confidentiality

29 Apr, 2024 | .pdf, 1.2 MB

How families can be involved in their relative’s care and treatment.

Publication

Right to treat - delivering physical healthcare

28 Mar, 2024 | .pdf, 1.3 MB

Guidance on delivering physical healthcare to people who lack capacity and refuse or resist treatment.

Publication

Tenancies for people with additional support needs - advice for landlords

15 Dec, 2022 | .pdf, 928.5 KB

Over the last decade, we have seen a major shift in how and where people with additional support needs live and receive the care they need.

This advice note may be useful for all landlords and social work departments, advocacy and third sector organisations.

It may also be of interest to relatives and carers of people with additional support needs who are tenants or prospective tenants.

Publication

LGBT inclusive mental health services

18 Aug, 2022 | .pdf, 1.2 MB

A guide for health professionals and mental health services on LGBT patients.

Publication

Supervising welfare guardians and powers of attorney

22 Jun, 2022 | .pdf, 1.2 MB

The Mental Welfare Commission for Scotland is concerned that some private welfare guardians are not getting the information and support they need to fulfil their role. For the purposes of this guide, private welfare guardian is used to denote any non-local authority
welfare guardian.

Publication

Covert Medication

20 May, 2022 | .pdf, 1.1 MB

Guidance on legal and practical considerations where an individual refuses treatment but lacks capacity to make a decision about medical treatment, and covert medication is being considered.

Publication

Drug-induced psychosis and the law

20 May, 2022 | .pdf, 1 MB

Guidance on the use of the Mental Health Act in dealing with drug-induced psychosis.

Publication

Social circumstances reports

14 Apr, 2022 | .pdf, 1010 KB

Good practice guidance on the preparation of social circumstances reports for mental health officers and managers.

Publication

Suspension of detention

20 Jan, 2022 | .pdf, 1 MB

This good practice guide was previously published in 2008 before being revised and updated in 2021.

Publication

Appeals against detention in conditions of excessive security

16 Dec, 2021 | .pdf, 1 MB

This guidance explains the provisions in the Mental Health (Scotland) Act 2003 regarding appeals against excessive security, and gives the Commission’s advice on the rights of patients and responsibilities of public bodies concerning such appeals.

Publication

Appeals against detention in conditions of excessive security - basic summary overview

16 Dec, 2021 | .pdf, 913.2 KB

This summary briefly explains the provisions in the Mental Health (Scotland) Act 2003 regarding appeals against excessive security, and gives an overview of the Commission’s advice on the rights of patients and responsibilities of public bodies concerning such appeals.

Publication

Preparation of care plans for people subject to compulsory care and treatment

21 Oct, 2021 | .pdf, 987.9 KB

In mental health and learning disability services, care plans are a key mechanism by which a person’s individual care and treatment can be developed, documented and shared with all those who are involved.

Publication

Power of Attorney guide for staff in Hospitals and Care Homes

11 May, 2021 | .pdf, 936.9 KB

A quick guide to Power of Attorney for staff in hospitals and care homes.

Publication

Power of Attorney under AWI - guide for general practitioners

11 May, 2021 | .pdf, 936.7 KB

A quick guide to Power of Attorney for general practitioners.

Publication

Treatment under section 47 of the Adults with Incapacity Act: overview and guidance (formerly 'The Adults with Incapacity Act in general hospitals and care homes')

22 Apr, 2021 | .pdf, 988.1 KB

This document was reviewed in Spring 2021. The previous title was ‘The Adults with Incapacity Act in General Hospitals and Care Homes’.

Publication

Medical treatment under Part 16 of the Mental Health (Care and Treatment)(Scotland) Act 2003

19 Apr, 2021 | .pdf, 1.2 MB

This good practice guide was previously published as an advice note in 2014. It has been reviewed in 2021.

Publication

Consenting Adults

9 Apr, 2021 | .pdf, 1.3 MB

Guidance for professionals and carers when considering rights and risks in sexual relationships involving people with a mental illness - Revised edition 2021.

Publication

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.

Publication

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.

Publication

Money matters

28 Jan, 2021 | .pdf, 1 MB

This guide sets out options for managing the money of people who - due to mental ill health or learning disability - are unable to manage their own finances.

Publication

Common Concerns with Power of Attorney

28 Jul, 2020 | .pdf, 943.9 KB

A guide to assist health and social care staff with issues that arise from the operation of powers of attorney. This document was reviewed and updated in July 2020.

Publication

Working with the Adults with Incapacity Act – for people working in adult care settings

8 Jul, 2020 | .pdf, 944.6 KB

This guidance has been developed to support managers and staff working in registered services for people with mental illness, learning disability, dementia or related conditions in Scotland. It is for anyone employed in caring for an individual who, because that person is not capable of making key decisions about his or her own health and welfare, has become subject to the Adults with Incapacity (Scotland) Act 2000 (AWI). 

Publication

Template for what should be included in a Psychiatric Emergency Plan

24 Jun, 2020 | docx, 53.2 KB

A checklist of scenarios potentially addressed by a Psychiatric Emergency Plan.

Publication

Young people in adult mental health wards

12 Jun, 2020 | .pdf, 795.9 KB

Guidance on considerations when young people are admitted to adult mental health wards.

Publication

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.

Publication

Capacity, consent and compulsion for young people with borderline personality disorder

3 Oct, 2019 | .pdf, 1 MB

Guidance primarily for professionals working with young people with borderline personality disorder such as medical practitioners (mainly psychiatrists and GPs), nurses and social workers, including mental health officers.

Publication

Person centred care plans

20 Aug, 2019 | .pdf, 884 KB

This guidance is about good practice in the development of person centred care plans for people using mental health, dementia and learning disability services. This guidance may be helpful for all clinical staff who develop and use care plans in a health and social care setting and for people who use services and their carers.

Publication

Alcohol-related brain damage (ARBD)

30 Jan, 2019 | .pdf, 733 KB

Good practice guide on alcohol-related brain damage (ARBD), assessment on capacity and use of legal powers.

Publication

Working with an interpreter

28 Feb, 2018 | .pdf, 626.2 KB

A toolkit for Staff on the use of interpreters in mental health and learning disability settings. Developed in partnership with the Centre for Translation & Interpreting Studies in Scotland, Heriot-Watt University, Edinburgh.

Publication

Working with Independent Advocates

1 Sep, 2017 | .pdf, 645 KB

Information to help practitioners understand the role of independent advocacy, with guidance on dealing with difficult situations.

Publication

SIDMA and eating disorder guide

26 Jun, 2017 | .pdf, 209.8 KB

Our guidance on significantly impaired decision making ability (SIDMA) and individuals with eating disorders.

Publication

Responding to violence in mental health and learning disability care settings

23 Jun, 2017 | .pdf, 457.7 KB

Guide on best practice in responding to incidents of violence in learning disability and mental health settings. This document was reviewed in Spring 2017 in light of changes to the Mental Health Act. The previous title was 'Zero Tolerance: Responding to violence in mental health or learning disability care settings'.

Publication

Rights in mind booklet

24 May, 2017 | .pdf, 497.3 KB

Publication

Human Rights in Mental Health Services

24 May, 2017 | .pdf, 395.7 KB

This guide explains how and where human rights impact on mental health care delivery, and how staff can best ensure that the key rights are respected and promoted. It is intended to be both a reference guide and an improvement resource.

Publication

Covert medication care pathway form 2

1 Feb, 2017 | .pdf, 12.7 KB

Covert medication care pathway good practice guidance form: non-rewritable

Publication

Covert medication care pathway form 1

1 Feb, 2017 | .pdf, 100.3 KB

Covert medication care pathway good practice guidance form: non-rewritable

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.