Part 2The Mental Welfare Commission for Scotland

Particular functions

I111Investigations

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.