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.

62 matching publications.

Publication

AWI monitoring report 2023-24

25 Sep, 2024 | .pdf, 1.7 MB

Publication

New compulsory treatment orders for people with learning disabilities in 2022-23

24 Sep, 2024 | .pdf, 322.9 KB

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. 

Publication

Children's right's report 2020-23

11 Apr, 2024 | .pdf, 5 MB

This is the Commission’s second children’s rights report since we were made an authority under the Children and Young People (Scotland) Act 2014, with duties to report every three years on the work we have undertaken to further the rights of children and young people in Scotland.

Publication

AWI monitoring report 2022-23

7 Dec, 2023 | .pdf, 2 MB

Publication

The role of police officers in mental health support

7 Nov, 2023 | .pdf, 1.4 MB

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

Publication

Children and young people monitoring report 2022-23

2 Nov, 2023 | .pdf, 1.6 MB

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

Publication

Survey of recorded matters 2023

12 Oct, 2023 | .pdf, 1.4 MB

Publication

Mental Health Act monitoring report 2022-23

12 Oct, 2023 | .pdf, 3.1 MB

Publication

The right to advocacy 2023

6 Apr, 2023 | .pdf, 1.5 MB

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.

Publication

Advance statement overrides monitoring report 2022

12 Jan, 2023 | .pdf, 1.2 MB

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.     

Publication

Children and young people monitoring report 2021-22

1 Dec, 2022 | .pdf, 1.5 MB

Annual monitoring report on young people being treated in non-specialist wards

Publication

Mental Health Act monitoring report 2021-22

3 Nov, 2022 | .pdf, 2 MB

Publication

AWI monitoring report 2021-22

27 Oct, 2022 | .pdf, 1.7 MB

We report our function in monitoring the use of the AWI Act in two parts: 1) statistical monitoring of extant (existing) and granted guardianships, and 2) visits to individuals on guardianship orders to ensure their rights are upheld.

Publication

Characteristics of compulsory treatment orders in Scotland

10 Jun, 2022 | .pdf, 1.4 MB

An analysis to inform future law reform. This report was submitted to the Scottish Mental Health Law Review for 29 May, and published on 10 June 2022.

Publication

Authority to discharge - closure report

12 May, 2022 | .pdf, 1.6 MB

The Authority to discharge project was undertaken in response to numerous concerns raised in relation to the rights of people who were not able to express their own views being moved from hospital to care homes during the pandemic period.

Publication

AWI monitoring report 2020-21

25 Nov, 2021 | .pdf, 1.4 MB

We report our function in monitoring the use of the AWI Act in two parts: 1) statistical monitoring of extant (existing) and granted guardianships, and 2) visits to individuals on guardianship orders to ensure their rights are upheld.

Publication

Young people monitoring report 2020-21

29 Oct, 2021 | .pdf, 1.4 MB

Annual monitoring report on young people being treated in non-specialist wards

Publication

Mental Health Act monitoring report 2020-21

30 Sep, 2021 | .pdf, 1.9 MB

Publication

The use of the Mental Health Act in Scotland during the Covid-19 pandemic

29 Jul, 2021 | .pdf, 1.5 MB

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. 

Publication

Advance Statements in Scotland

15 Jul, 2021 | .pdf, 1.2 MB

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.

Publication

Young persons monitoring report 2019-2020

10 Jun, 2021 | .pdf, 1.4 MB

Publication

Authority to discharge - report into decision making for people in hospital who lack capacity

20 May, 2021 | .pdf, 1.4 MB

Local intelligence gathering and calls to the Commission’s advice line in the early stages of the Covid-19 pandemic suggested that people who were in hospital and lacked capacity may have been moved from hospital to care homes without full understanding of the legal requirements to ensure rights are upheld and the move to care was lawful. Specific concerns related to the use or otherwise of Section 13ZA of the Social Work (Scotland) Act 1968 particularly in the context of the Coronavirus (Scotland) Act 2020 (‘the Coronavirus Act’).

Publication

Advance statement overrides monitoring report 2017-18 and 2018-19

16 Feb, 2021 | .pdf, 1.3 MB

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.
     
Publication

The use of the Mental Health (Care and Treatment) (Scotland) Act 2003 during Covid-19

17 Dec, 2020 | .pdf, 1.5 MB

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

Publication

Characteristics of young people detained under the Mental Health Act in Scotland, 2015-2019

15 Oct, 2020 | .pdf, 1.5 MB

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. 

Publication

AWI monitoring report 2019-20

30 Sep, 2020 | .pdf, 2.6 MB

We report our function in monitoring the use of the AWI Act in two parts: 1) statistical monitoring of extant (existing) and granted guardianships, and 2) visits to individuals on guardianship orders to ensure their rights are upheld.

Publication

AWI monitoring 2019-20 overview graphics

30 Sep, 2020 | .pdf, 132.3 KB

One page of graphics summarising the main findings in the AWI monitoring report 2019-20

Publication

A review of Psychiatric Emergency Plans in Scotland

25 Jun, 2020 | .pdf, 1.5 MB

A review of Psychiatric Emergency Plans in Scotland in follow up to the Mental Welfare Commission’s Place of Safety Reports 2016 and 2018.
 

Publication

Rise in number of young people with mental illness being treated in non-specialist wards

18 Mar, 2020 | .pdf, 1.1 MB

The number of young people under the age of 18 admitted to non-specialist hospital wards – mainly adult wards - for treatment of their mental illness in Scotland in 2018-19 rose for the second year running. 

Publication

Mental Health Act Monitoring Report 2018-19

23 Oct, 2019 | .pdf, 2.9 MB

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.

Publication

Mental Health Act monitoring data 2017-18

18 Dec, 2018 | .pdf, 1.9 MB

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.

Publication

Young persons monitoring 2017-18

13 Dec, 2018 | .pdf, 937.1 KB

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2017-18.

Publication

Adults with Incapacity Act monitoring report 2017-2018

27 Sep, 2018 | .pdf, 4.3 MB

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2017-2018.

Publication

Place Of Safety Monitoring Report 2018

16 Aug, 2018 | .pdf, 749.7 KB

Our report on police use of place of safety orders in Scotland.

Publication

Mental Health Act monitoring report 2016-17 May 2018

25 May, 2018 | .pdf, 2.5 MB

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.

Publication

Adults with Incapacity Act monitoring report 2016-17

31 Oct, 2017 | .pdf, 927.6 KB

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2016-17.

Publication

Young person monitoring report 2016-17

18 Oct, 2017 | .pdf, 791.4 KB

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2016-17.

Publication

Place of Safety Monitoring Report 2016

20 Jun, 2017 | .pdf, 559.8 KB

Our monitoring report looking at how Police Scotland use their power to detain people in a public place of safety under the Mental Health Act.

Publication

Young Person monitoring report 2015-16

6 Oct, 2016 | .pdf, 777.9 KB

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2015-16. This includes the results from a second, more in-depth, monitoring exercise we undertook this year over a six months period.

Publication

Adults with Incapacity Act monitoring report 2015-2016

29 Sep, 2016 | .pdf, 865.1 KB

Our annual overview of the use of the Adults with Incapacity (Scotland) Act 2000.

Publication

Mental Health Act monitoring report 2015-2016

29 Sep, 2016 | .pdf, 1002 KB

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.

Publication

Appendix: Mental Health Act Monitoring 2015-16

29 Sep, 2016 | .pdf, 565.6 KB

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

Publication

Scotland's use of emergency detention without the consent of mental health officers

30 Jun, 2016 | .pdf, 591.5 KB

This report by the Commission - produced for the Scottish Government - examines Scotland's high levels of emergency mental health detention without the consent of specialist social workers.

Publication

Appendix: Mental Health Act monitoring report 2014--2015

24 Sep, 2015 | .pdf, 668.6 KB

Mental Health Act Monitoring Report 2014/15, statistical tables

Publication

Mental Health Act monitoring report 2014-2015

24 Sep, 2015 | .pdf, 1.3 MB

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.

Publication

Adults with Incapacity Act monitoring report 2014-2015

24 Sep, 2015 | .pdf, 1.2 MB

Our annual overview of the use of the Adults with Incapacity (Scotland) Act 2000.

Publication

Young Person Monitoring Report 2014-15

24 Sep, 2015 | .pdf, 738 KB

Our annual report of key findings from our monitoring of young persons to non-specialists wards in 2013/2014.

Publication

Mental Health Act monitoring 2013/2014

9 Oct, 2014 | .pdf, 1.1 MB

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

Publication

Young Person Monitoring Report 2013-2014

7 Oct, 2014 | .pdf, 362.1 KB

Our annual report of key findings from our monitoring of young persons to non-specialists in 2013/2014.

Publication

Adults with Incapacity Act monitoring 2013/2014

4 Oct, 2014 | .pdf, 1.1 MB

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2013/2014.

Publication

Equality report 2012/13

7 Mar, 2014 | .pdf, 770.1 KB

Our report on our equality monitoring in 2012/13.

Publication

Young person monitoring 2012/13

7 Mar, 2014 | .pdf, 610.1 KB

Our report on admissions of young people to non-specialists wards in 2012/13.

Publication

Mental Health Act monitoring 2012/13

27 Sep, 2013 | .pdf, 1.6 MB

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

Publication

Adults with incapacity act monitoring

27 Sep, 2013 | .pdf, 839.4 KB

Our annual statistics report on our monitoring of the Adults with Incapacity Act.

Publication

AWI part 5 monitoring

22 May, 2013 | .pdf, 579.4 KB

A report on our visits to care homes and hospitals to monitor use of section 47 certificates.

Publication

Annual monitoring MHA report 2011-12

22 Aug, 2012 | .pdf, 893.1 KB

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

Publication

Annual monitoring report AWI 2011-12

22 Aug, 2012 | .pdf, 614 KB

Our annual report of key findings from our monitoring of the Adults with Incapacity Act in 2011-12.

Publication

Special report: young people 2011-12

22 Aug, 2012 | .pdf, 467.1 KB

A special report on young people in our monitoring of mental health and incapacity law in 2011-12.

Publication

Equality report 2011-12

22 Aug, 2012 | .pdf, 191.3 KB

A special report on equality in our monitoring of mental health and incapacity law in 2011-12.

Publication

Annual monitoring report 10-11

1 Jan, 2011 | .pdf, 1.6 MB

Key findings from our monitoring of mental health and incapacity legislation in Scotland 2010-2011.

Publication

Annual monitoring report 09-10

1 Jan, 2010 | .pdf, 1.7 MB

Key findings our monitoring of mental health and incapacity legislation in Scotland 2009-2010.

Publication

Annual monitoring report 08-09

1 Jan, 2009 | .pdf, 1.3 MB

Key findings from our monitoring of mental health and incapacity legislation in Scotland 2008-2009.