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. 48