The Mental Welfare Commission for Scotland: individual visits and investigations can effect system change
| Pages | 180-186 |
| Date | 30 November 2012 |
| DOI | https://doi.org/10.1108/13619321211289254 |
| Published date | 30 November 2012 |
| Author | Donald Lyons |
| Subject Matter | Health & social care |
The Mental Welfare Commission for
Scotland: individual visits and
investigations can effect system change
Donald Lyons
Abstract
Purpose – The experience of the individual patient can be an important driver in improving care.
This paper seeks to outline the way the Mental Welfare Commission for Scotland (MWCS) uses individual
cases to influence policy makers and service providers.
Design/methodology/approach – Through visiting people, monitoring the use of mental health
legislation, giving advice and conducting investigations, the MWCS has concrete examples of
influencing significant change. Specific examples demonstrate how this has been achieved.
Findings – With regard to visits: findings from individual visits have resulted in action to improve
services and preserve individual rights; in monitoring: services have used monitoring data to change
service provision in order to comply with legislation; in investigations: high profile investigations into
abuse have resulted in new protective legislation; with regard to advice: collection of advice on difficult
legal/ethical/treatment dilemmas have resulted in improved practice guidance.
Research limitations/implications – Individual case examples are not necessarily indicative of
general populations. Many factors result in improvement. Actions by the MWCS are not necessarily the
only factor.
Practical implications – An organisation that focuses on safeguarding individuals can use its influence
to effect service improvement.
Social implications – Bringing individual matters to the attention of policy makers has resulted in
legislative and policy change.
Originality/value – Other jurisdictions may wish to consider the value of the Scottish model that is
highlighted in the paper.
Keywords Mental health, Improvement, Safeguarding, Legislation, Policy, Public policy,
Mental health services, Scotland
Paper type Case study
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 (UK Government, 1984) and the Adults with Incapacity (Scotland)
Act 2000 (‘‘the 2000 Act’’) (Scottish Government, 2000), and finally consolidated and
reframed under the Mental Health (Care and Treatment)(Scotland) Act 2003 (‘ ‘the 2003 Act’’)
(Scottish Government, 2003).
PAGE 180
j
MENTAL HEALTHREVIEW JOURNAL
j
VOL. 17 NO. 4 2012, pp. 180-186, QEmerald Group Publishing Limited, ISSN 1361-9322 DOI 10.1108/13619321211289254
Donald Lyons is based at
the Mental Welfare
Commission for Scotland,
Edinburgh, UK.
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