Publications

Advice note on the use of Adults with Incapacity (Supervision of Welfare Guardians etc by Local Authorities)(Scotland) Amendment Regulations 2014

ICD 11 has been introduced in Scotland as the way in which diagnoses are recorded. This advice note provides information about ICD 11.

Updated November 2022: the Mental Welfare Commission and Scottish Government have issued this joint statement on supporting discharges from hospital for adults with incapacity.

The Commission has since received a number of enquiries in relation to the use of section 47 of the Act and has prompted this brief advice note to clarify the scope and limitations of this part of the legislation.

A guidance factsheet for practitioners on legislation and regulations relating to cross border issues.

We are often asked about this topic so have provided some clarification on RMOs.

In Scotland, an advance refusal of life-sustaining treatment has no formal legal status under the 2000 Act. It is different in England and Wales under the Mental Capacity Act 2005.

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

The current pandemic is raising a many questions, as practitioners face new challenges and dilemmas in a rapidly changing environment. The unprecedented circumstances and the risk to health mean that some individuals’ human rights may be restricted, and it is important that any restriction is carefully considered, legal and ethical. This advice addresses a range of issues.

This advice will be updated frequently as the situation develops, and we advise that you do not print it out, but check online to ensure you have the most up-to-date advice and information.

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.

We have been in discussion with the Scottish Legal Aid Board about civil legal aid for welfare guardianship applications.

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.

We are regularly asked about what can be done when someone subject to a CCTO is not complying with the requirements of the order, or has become unwell.

We heard of a case where an individual was detained under a short-term detention certificate which the Tribunal ruled unlawful. There were discrepancies in the times of examination and granting the certificate.

A reminder about transfers to hospital under the Adults with Incapacity Act.

Guidance on the circumstances it would be appropriate, with the agreement of the guardian and adult, either to reduce the frequency of supervision, or cease to supervise a welfare guardianship altogether.

Except in emergencies, the Act requires that medical treatment is authorised under a certificate granted (usually) by the medical practitioner. There may also be a welfare proxy (attorney, guardian or holder of an intervention order) with the authority to consent.

There may be a need to start the process of applying for guardianship in order that the guardian is in place when the individual turns 16.

The Act, when defining incapacity, states that it must be due to either mental disorder or inability to communicate because of physical disorder. There are important differences in how these separate disorders are managed.

Ms X was known to have a mental illness and had a history of serious self-harm when unwell. Her relatives contacted the mental health services with serious concern about her.

A reminder that the responsible medical officer must report urgent treatment under section 243 to the Commission within seven days.

Questions and answer notes concerning complaints about solicitors and Mental Health Tribunal hearings.

Our advice for nurses on using section 299 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Our guidance on the changes to the Mental Health Act implemented on 30 June 2017 and how this will affect mental health professionals.

Our advice on sexual relationships and criminal charges where the adult lacks capacity.

This advice is intended to guide people through some of the complexities that arise relating to contraception and adults who may lack capacity.

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

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

We were asked to look at a case of a patient on clozapine therapy who had died. This is a complex area of clinical practice often involving a clozapine clinic as well as the usual CMHT and GP. While we did not conclude that there was a deficiency of care, we thought there were a number of useful learning points.

We were asked to look into cases where individuals had been detained in hospital after a failed application to the tribunal.