Covering letter
Primary and Community Care Directorate
Mental Health Division
St Andrew's House, Regent Road, Edinburgh EH1 3DG
T: 0131-244 2599 F: 0131-244 5076 BB: 0783 340 2274
E: joanna.keating@scotland.gsi.gov.uk
www.scotland.gov.uk
1 August 2009
Dear Sir or Madam
CONSULTATION: THE CARE & TREATMENT OF PEOPLE WITH MENTAL DISORDER & LEARNING DISABILITY (SCRUTINY, QUALITY IMPROVEMENT & PROTECTION) MENTAL WELFARE COMMISSION FOR SCOTLAND: FUTURE STRUCTURE
1. The purpose of this letter is to alert our mental health stakeholders to the above consultation and to seek comments on the questions posed in the consultation paper.
Background
2. Following from the Crerar recommendations, the Mental Welfare Commission for Scotland ( MWCS) was included in the Scottish Government's November 2008 announcement of proposals for the reform of scrutiny.
3. Thereafter, on 13 February 2009, the Minister for Public Health and Sport, Shona Robison MSP, announced that the MWCS would not be included within the Public Services Reform (Scotland) Bill at introduction to allow for a period of reflection and consideration, saying:
"…we will step back at this time from taking the MWCS' functions into either the new health or the new social care body. We will discuss further with the MWCS and engage directly with stakeholders on the way forward. At the same time we will review the operation of the MWCS over the next four to six months to establish how best to take the MWCS forward as part of the simplification programme."
4. Since then we have held meetings with the MWCS and representatives of other mental health stakeholders to discuss the issues arising in relation to protective, scrutiny and improvement functions and services relating to mental health in the future, and how the future structure of the MWCS might sit within any such framework. And, following on from those helpful discussions we have prepared a consultation paper.
Consultation paper
5. The consultation paper seeks views in relation to two main issues:
- the future structure of the MWCS in terms of its functions and how it sits within the broader scrutiny and improvement landscape; and
- the future governance of the MWCS assuming it remains an independent entity.
Responding to the consultation paper
6. We are inviting written responses to this consultation paper by Friday 25 th September 2009. Please send your response together with respondent information form (see "handling your response") to mentalhealthlaw@scotland.gsi.gov.uk or to myself at the above address. If you have any queries please contact me on 0131 244 2599. If you are aware of any individuals or organisations who have an interest but who are not on the consultation list (see Annex to the consultation paper) please also let me know.
7. This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.
8. The Scottish Government now has an email alert system for consultations ( SEconsult). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations. SEconsult complements, but in no way replaces SG distribution lists, and is designed to allow stakeholders to keep up to date with all SG consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.
Handling your response
9. We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please therefore also complete and return the respondent information form which forms part of the consultation as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and will treat it accordingly, subject always to any legal requirements on the Scottish Government to disclose the information. In that regard, all respondents should be aware that the Scottish Government are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would have to consider any request made to it under that Act for information relating to responses made to this consultation.
What happens next ?
10. Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the issues.
Comments and complaints
11. If you have any comments about how this consultation exercise has been conducted, please send them to Mental Health Division at the contact details shown above.
Yours faithfully
Joanna Keating
Mental Health Division
Head of Policy & Legislation Team (Branch 3)