Part 2

The Mental Welfare Commission for Scotland

Particular functions

Investigations
11
1
If it appears to the Commission that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission may—
a
carry out such investigation as it considers appropriate into the patient’s case; and
b
make such recommendations as it considers appropriate as respects the case.
2
Those circumstances are—
a
that the patient may be unlawfully detained in hospital;
b
that the patient is detained in hospital and the detention is authorised by virtue of—
i
this Act; or
ii
the 1995 Act;
c
that the patient, though not detained in hospital, is subject to—
i
a compulsory treatment order;
ii
an interim compulsory treatment order;
iii
an emergency detention certificate;
iv
a short-term detention certificate;
v
a compulsion order;
vi
an interim compulsion order;
vii
an assessment order;
viii
a treatment order;
ix
a hospital direction; or
x
a transfer for treatment direction;
d
that the patient may be, or may have been, subject, or exposed, to—
i
ill-treatment;
ii
neglect; or
iii
some other deficiency in care or treatment;
e
that, because of the mental disorder, the patient’s property—
i
may be suffering, or may have suffered, loss or damage; or
ii
may be, or may have been, at risk of suffering loss or damage;
f
that the patient may be—
i
living alone or without care; and
ii
unable to look after himself or his property or financial affairs.