Date lodged: 25 January 2017
To ask the Scottish Government what safeguards there are for people under the Mental Health (Care and Treatment) (Scotland) Act 2003, if correct procedures are not followed during the detention process.
Answered by: Maureen Watt 6 February 2017
The Mental Health (Care and Treatment) (Scotland) Act 2003 provides that a person with a mental disorder can only be detained if their decision-making ability with regard to medical treatment for that mental disorder is significantly impaired and there would be a significant risk to the health, safety or welfare of the patient or to the safety of another person if the patient were not detained in hospital.
Service providers have a duty to inform the independent Mental Welfare Commission (MWC) if someone has been detained. The MWC has a statutory duty to ensure that the care, treatment and support for people with mental illness is lawful. Section 11 of the 2003 Act gives the MWC the power to carry out investigations in a number of specific circumstances, including unlawful detention.