Contents
CONSULTATION: THE CARE AND TREATMENT OF PEOPLE WITH MENTAL DISORDER & LEARNING DISABILITY (SCRUTINY, QUALITY IMPROVEMENT AND PROTECTION) MENTAL WELFARE COMMISSION FOR
SCOTLAND : FUTURE STRUCTURE
The Minister published a consultation paper on 4th August which sought views on the future structure of the Commission in terms of its functions and how it sat within the broader scrutiny and improvement landscape; and its future governance assuming it remained an independent entity.
The consultation period ended on 25th September, with 55 responses received from a range of bodies and individuals.
Responses
Local Authority 13
Individual 14
NHS 11
Voluntary Sector 9
Professional Organisation 7
Other Bodies 1
Total 55
Three answers were received from respondents which were confidential, these responses therefore do not appear as published on the website. One organisation submitted a reply to say they had no comments on the consultation.
The responses can be viewed in full on the Scottish Government's website on the following link:
http://www.scotland.gov.uk/Publications/2009/10/22142718/0
Ministers took note of the overwhelming support by respondents for the Commission remaining a separate independent body, with a primary focus on the protection of rights for those subject to the mental health legislation.
Following consideration of the consultation responses, the Minister wrote to the Scottish Parliament's Finance Committee (as lead Committee for the Bill) on 20th October to advise of the Government's policy proposals for legislation in relation to the Commission, that:
· the Commission be retained as an independent body with primarily protective functions;
· the Commission's current scrutiny and improvement functions be more narrowly drawn to focus on legal and ethical practice only, not general service improvement (reflecting its current practice and activities);
· the Commission be subject to a general advice duty (putting its current telephone advice helpline function on a clearer statutory footing);
· the Commission be subject to a duty to raise matters of concern about services with the new scrutiny bodies, as appropriate;
· the new scrutiny bodies be subject to a duty to consult with the Commission in respect of advice or guidance on legal and ethical practice matters; and
· on governance, in future the Commission should have a Board composed of Board members appointed under the public appointments process (continuing to be appointed on the basis of their expertise and knowledge of mental health). In addition, the Commission would itself identify and appoint service users, carers, professionals and others with knowledge and experience of mental health services to work with its staff in visiting and undertaking investigations.
The Government will therefore now bring forward amendment for inclusion in the Public Services (Scotland) Bill at its Stage 2 early in the new year to give effect to these policy proposals. The Bill will of course ultimately be subject to being passed by the Scottish Parliament.