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International Mental Health Commissions
Edited by Alan Rosen and Nicola Wright
Introduction
Commissions in the field of mental health vary from country to country. In Scotland, the ethos has always been safeguards for the rights and welfare of individuals with mental disorders. This paper will focus on the operation of these safeguards and the wider changes to legislation and policy that has resulted from them.
The Mental Welfare Commission for Scotland (MWCS) has the primary role of safeguarding the rights and welfare of individuals with mental disorder. The MWCS has been in existence since 1960 but had several forerunners since the mid-nineteenth century. Its principal duties were established by the Mental Health (Scotland) Act 1960, extended by the Mental Health (Scotland) Act 1984 ([19] UK Government, 1984) and the Adults with Incapacity (Scotland) Act 2000 ("the 2000 Act") ([11] Scottish Government, 2000), and finally consolidated and reframed under the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act") ([16] Scottish Government, 2003).
Under the 2003 Act, the MWCS continues to act in order to protect the rights and welfare of persons with mental disorder. The term "mental disorder" has a very broad definition. It includes mental illness, learning disability and personality disorder. There are some exclusions. For example, misuse of alcohol or drugs, gender identity issues and "acting as no prudent person would act" are not, in themselves, mental disorders. Many of the functions of the MWCS apply regardless of whether or not the individual is subject to compulsory powers.
The functions of the MWCS can be broken down as follows:
- Visiting. The MWCS can visit individuals with mental disorders in a large variety of settings, including hospitals, prisons, care homes and in the community. This function includes, but is not restricted to, visits to people subject to powers under the 2003 or 2000 Acts.
- Monitoring the use of legislation. The MWCS examines the legality of paperwork submitted when individuals are subject to the 2003 Act. It challenges improper detention and produces overall statistics on the use of the 2003 Act and on welfare interventions under the 2000 Act.
- Investigating. The MWCS can investigate improper detention, abuse, neglect or deficiency of care or treatment. This is a discretionary power....