National Preventive Mechanism Annual Report 2009–10
Mental Welfare Commission for Scotland
T
he Mental Welfare Commission for
Scotland (MWCS) is an independent,
statutory organisation working to safeguard
the rights and welfare of everyone with a
mental illness, learning disability or other
mental disorder.53 It ensures that the care
and treatment of individuals are compliant
with mental health and incapacity law
in Scotland. MWCS focuses primarily on
people rather than places, and has the
authority to visit people in a prescribed
list of establishments including hospitals,
prisons and care homes. However, it also
visits people being cared for under mental
health or incapacity law wherever they may
be, including their own homes. Thus, MWCS
seeks to safeguard the rights and welfare
of both detained and non-detained persons.
The mandate of MWCS is broad and includes,
for example:
• visits to monitor the care and treatment
of persons subject to mental health or
incapacity legislation
• investigations and inquiries into situations
where a person may have suffered abuse,
neglect, improper detention or deficiency
of care and treatment.
The Commission and its staff are made up of
experts in mental health, nursing, social work
and other relevant fields, as well as service
users and their carers.
Methodology
MWCS has the power to enter premises
where a person may receive care or
treatment, access any relevant information,
including medical information, and carry out
private interviews with patients and staff.
Visits may be announced or unannounced. To
facilitate its visiting of persons with mental
disorders who are detained, MWCS is formally
notified of all episodes of compulsory care
and treatment under mental health law.
MWCS carries out visits to individuals
who are cared for under mental health or
incapacity legislation. It conducts ‘focused’
visits to people receiving care in a particular
setting if it has concerns that they may not
be having their needs met or their rights
respected. ‘Themed’ visits are used to
compare care and treatment across Scotland.
MWCS decides which themes to explore
based on consultation with stakeholders
and findings from other visits. Focused and
themed visits also include patients who are
not subject to compulsory care or treatment.
Following visits, MWCS will make
recommendations regarding the care and
treatment of patients. If recommendations
are not implemented, the MWCS may
escalate concerns. This has involved
undertaking further visits with an invitation
to NHS Board Chief Executives to attend
so that the MWCS can discuss concerns
with them in person. It publishes reports
of its focused and themed visits and its
investigations, as well as an annual report
which summarises its monitoring activities
and findings.
OPCAT compliance and impact of
NPM membership
In addition to visiting people deprived of their
liberty, MWCS seeks to prevent ill-treatment
in places of detention by promoting best
practice in the implementation of mental
health and incapacity law. It regularly
publishes guidance on good practice when
53 Its remit and powers are set out primarily in the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults
with Incapacity (Scotland) Act 2000.
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