Part 2The Mental Welfare Commission for Scotland

Particular functions

I111Investigations

1

If it appears to F1a Commission Visitor that any of the circumstances mentioned in subsection (2) below apply in respect of a patient, the Commission F2Visitor may—

a

carry out such investigation as F3the Commission Visitor considers appropriate into the patient’s case; and

b

make such recommendations as F4the Commission Visitor considers appropriate as respects the case.

F51A

Where it is brought to the attention of the Commission that any of the circumstances mentioned in subsection (2) below may apply in respect of a patient, the Commission may—

a

direct a Commission Visitor to carry out such investigation as the Commission considers appropriate into the patient's case; and

b

having consulted the Visitor after the investigation, 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.