Section Three The second year – activities and key issues by type of detention
Scotland
In Scotland, the Mental Welfare Commission
for Scotland (MWCS) is mandated to visit and
monitor the treatment of anyone detained
under mental health law. In 2010–11, it visited
1,925 people with mental disorder in a variety
of settings, most of whom were subject
to compulsory mental health treatment or
welfare guardianship. MWCS also conducted
98 focused visits to mental health or learning
disability facilities where it had identified
a greater risk that people were not having
their needs met or their rights respected.
Of these visits, 21 were unannounced. The
visits resulted in 301 recommendations for
improvement.
MWCS has identified a number of key issues
in the course of its work. It is concerned about
young people being admitted to adult wards
and a lack of attention to regulations on
searches, the taking of samples and restricting
communications. It has also highlighted the
lack of attention to the physical health of
people with severe and enduring mental
illness. People detained in hospitals often
gain weight due to medication and inactivity.
MWCS recommends that access to exercise,
dietary advice and regular screening for health
risks must improve.
In addition to its regular visits to places of
detention, MWCS conducts thematic reviews,
which often include information about people
who are detained. This year, MWCS published
reports on people with dementia in hospital;
people receiving compulsory treatment after
committing an offence; people in learning
disability facilities; people in adult acute mental
health wards; and people with acquired brain
injury and alcohol-related brain damage.
MWCS also publishes good practice guides.
This year, it published a guide on supporting
the right of people with mental disorder to
have sexual relationships while being free
from abuse or exploitation.33
• a person is twice as likely to be treated
under compulsion in Fife than in the
Borders
• there is some evidence of a
disproportionately high use of compulsion
for black African and Caribbean people
• women are more likely to be detained
under emergency orders, while men are
more likely to be subject to long-term
orders.
As well as its general monitoring function,
MWCS may also carry out investigations. In
2010, it published a report of an investigation
of the case of a woman who died by suicide
while detained in hospital. It found that
nobody had got to grips with her mixture of
mental illness, alcohol use and social problems.
MWCS is concerned about variations in the use
of compulsory treatment:
Despite its numerous concerns about
mental health detention, MWCS has noted
that progress was made in 2010–11. It
believes that care for people with dementia
is improving and is positive about a fall in
the use of emergency detention. Its report
on visits to people receiving compulsory
treatment after committing an offence was
largely positive, in that it found good attention
to individual needs and rights; that levels of
security were not excessive; and that the
people visited were generally appreciative of
the care they received.
33 All MWCS publications are available online at www.mwcscot.org.uk/newpublications/mwc_publications.asp.
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