The Mental Welfare Commission for Scotland – a unique and influential voice
| Published date | 14 December 2015 |
| Pages | 137-147 |
| DOI | https://doi.org/10.1108/JIDOB-08-2015-0025 |
| Date | 14 December 2015 |
| Author | Colin McKay,Heather Welsh |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour |
The Mental Welfare Commission for
Scotland –a unique and influential voice
Colin McKay and Heather Welsh
Colin McKay and
Dr Heather Welsh, both are
based at Mental Welfare
Commission for Scotland,
Edinburgh, UK.
Abstract
Purpose –The purpose of this paper is to describe the unique and independent role of the Mental Welfare
Commission for Scotland.
Design/methodology/approach –The paper takes the reader through the history of the Commission,
its changing status, roles and responsibilities, its influence and impact, and current priorities. It is based on
details of the Commission’s development, narrative from current employees and published investigations
and advice.
Findings –The Mental Welfare Commission has advanced significantly since its original establishment.
It plays a vital role in protecting the human rights of people in Scotland with learning disabilities and mental
illness, by visiting those who are in receipt of care or treatment, investigating situations of concern, providing
advice and guidance, monitoring the Mental Health (Care and Treatment) (Scotland) Act 2003 and Adults
with Incapacity (Scotland) Act 2000 and shaping relevant policy and legislation.
Originality/value –This paper provides an introductionto the work of the Commission, which will be of value
to readers in Scotland and beyond. It illustrates its importance in preserving the rights of individuals with
learning disabilities and mental illness in line with the UN Convention on the Rights of Persons with Disabilities
and other legislation.
Keywords Human rights, Monitoring, Mental health, Learning disability, Investigations, Scottish legislation
Paper type General review
Introduction
The Mental Welfare Commission for Scotland is a unique institution, and an important part of the
Scottish approach to protecting the human rights of people with mental health problems,
dementia and learning disabilities.Although it has evolved in response to particular developments
in Scottish law andpractice, its approach is one that may be of value to otherjurisdictions seeking
to ensure that theaspirations enshrined in documentssuch as the UN Convention on the Rights of
Persons with Disabilities are a reality for people with psychosocial and learning disabilities.
The Commission can trace its history back to 1859 when, following the 1857 Lunacy (Scotland)
Act, a new body charged with protecting the welfare of persons suffering from mental disorder
was established: the General Board of Commissioners in Lunacy for Scotland. Whilst much
has changed in our understanding, in our attitudes towards, and in the language that we
use in relation to mental ill health, there are elements of that early organisation’s approach
that the Commission retains in its current incarnation, most particularly in relation to its focus
on visiting people: not inspecting services, but visiting, and listening to, individuals who receive
care or treatment.
In 1914 that early organisation was reborn as the General Board of Control for Scotland[1], and
incorporated a broader remit that included duties related to “mental deficiency”. The 1960 Mental
Received 30 August 2015
Revised 14 September 2015
Accepted 3 October 2015
DOI 10.1108/JIDOB-08-2015-0025 VOL. 6 NO. 3/4 2015, pp.137-147, © Emerald Group Publishing Limited, ISSN 2050-8824
j
JOURNAL OF INTELLECTUAL DISABILITIES AND OFFENDING BEHAVIOUR
j
PAGE137
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