What its position is on the statistical monitoring reports for 2015-16 published by the Mental Welfare Commission for Scotland regarding th…

The Scottish Government values the work undertaken by the Mental Welfare Commission in monitoring the use of mental health and incapacity legislation. There are many positives in the report to focus on. The Commission have welcomed the greater use of community-based compulsory treatment orders and a sharp and welcome decline in the use of police stations as a place of safety.
The report is statistical and does not suggest a reason for the increase in use of compulsory mental health treatment. The figures should be seen against a backdrop of rising demand for mental health services, and a greater awareness of mental health issues leading to more people coming forward and asking for help. We will continue to work with the Mental Welfare Commission and stakeholders both to ensure the legislation is used correctly, and to promote patients’ rights more generally.
In certain circumstances, compulsory treatment is essential to provide protection to the patient and others. Where compulsory treatment is used, the rights of patients are safeguarded by legislation – these include a right to independent advocacy, and an efficient Mental Health Tribunal system which grants and reviews orders for compulsory treatment.