The Mental Welfare Commission for Scotland (MWC)
This is an independent statutory organisation (i.e. independent of the Scottish Government) which works to safeguard the rights and welfare with everyone in Scotland with a mental illness, learning disability or other mental disorder. The MWC would be the appropriate body to whom concerns may be raised about care and treatment.
Mental Health Tribunal for Scotland (MHTS)
The Mental Health Tribunal for Scotland was created on October 5, 2005 by virtue of section 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003. The Tribunal's headquarters are located in Hamilton and it also has staff who work throughout Scotland.
The President of the Tribunal presides over the discharge of the Tribunal's functions.
The Tribunal discharges its functions through panels of three members: a legal member (who acts as Convener), a medical member and a general member. The judicial arm of the Tribunal is supported in its functions by the staff of the Scottish Tribunals Service (STS).
The primary role of the Tribunal is to consider and determine applications for compulsory treatment orders (CTOs) under the 2003 Act and to operate in an appellate role to consider appeals against compulsory measures made under the 2003 Act. The Tribunal also plays a monitoring role by periodic review of compulsory measures.
If you are unhappy with the care and the treatment that you have received from NHSScotland, it would be open to you to raise a complaint through the NHS complaints procedure. The Making a complaint about the NHS leaflet provides details and information on how to do this:
If you remain dissatisfied with the handling of your complaints by the MWC, MHTS or the NHS, you have the right to ask the Public Sector Ombudsman to investigate your complaint further. Note, however, that you must have first fully completed the public body in question’s complaints procedure before you take the matter up with the Ombudsman. Essentially, therefore, there is a two-step complaints procedure in place for public bodies: firstly, at local level and thereafter to the Ombudsman.