The mental welfare of the people of Scotland is about to be placed under the scrutiny of a single body. Former Justice Minister Cathy Jamieson is concerned that the creation of a new cumbersome Quango may diminsh the safeguards put in place to protect the rights of the mentally ill and the vulnerable in respect to their care providers, and crucially, the Government.

n a world where we complain about misleading spin, conflicting views presented as fact, and more information than we can take in, the website of the Mental Welfare Commission makes refreshingly straightforward reading.

It shows clarity of purpose which other public sector organisations would do well to match, and explains exactly what the organisation does.

“The Mental Welfare Commission for Scotland is an independent organisation working to safeguard the rights and welfare of everyone with a mental illness, learning disability or other mental disorder.” It also  claims to “have an influential voice in the way services and policies are developed in Scotland.”

But there’s a sting in the tail of the last point.  Because, as part of its wider review of quangos and commissions, the Scottish Government has announced that it intends to create a new single health and mental welfare scrutiny body, which will deliver the work currently performed across the Mental Welfare Commission, NHS Quality Improvement Scotland and the scrutiny of private healthcare that is currently delivered by the Care Commission.  The MWC has been diplomatic in voicing its concerns.

“We are aware of concerns expressed by our stakeholders over this announcement and the lack of consultation that preceded it. We share these concerns although we are actively participating in discussions with Government officials, Ministers and the other organisations affected by this announcement.”

While it continues to advocate for others, the MWC is in a difficult position when it comes to advocating for its own continued existence. So let me expand on what the stakeholders are saying, and what the MWC night not feel able to argue publicly in their own defence.

We must oppose any moves which seek to lessen the safeguards which vulnerable people with mental illness currently enjoy.  Scotland has had an independent organisation safeguarding vulnerable people with mental illness, learning disability and other mental disorders for 150 years.

Scottish Law is internationally regarded as a model of good practice. The role of the MWC in safeguarding the rights and welfare of individuals allows challenges to be made to service providers. Crucially for those subject to restriction orders, Scottish Ministers can be challenged.  As many have highlighted, the role and purpose of the MWC is unique, and would not sit easily within NHS QIS, which has an entirely different function.

The MWC has a critical role in investigating the care of individuals across all forms of care, including where health and social care services have failed individual people.  They also ensure that compulsory treatment is carried out properly and in line with the principles of mental health and incapacity legislation.  It is worth reminding ourselves that those subject to the Commission’s remit are uniquely vulnerable.

No other adult in the country can be treated with medication against his or her will or (when guilty of no crime) have his or her life directed by social workers when under guardianship. An independent body is vital to protect their interests, including their human rights.

The MWC, whose members are appointed by the Crown, is independent of Government.

On the other hand, NHS QIS is currently constituted as a special health board. As currently constituted, it is part of the architecture of government. 

The Law Society of Scotland’s Mental Health and Disability Sub-Committee suggests that the Scottish Government’s proposal may put Scotland in breach of international obligations. Concern about the independence of the MWC under the proposed changes has also been articulated by the Scottish Parliament’s Cross Party Group for Learning Disability.

The Scottish Government has shown that it is prepared to drop flagship policies when it cannot command the support of Parliament.  The proposal to merge the Mental Welfare Commission may not command as many column inches as Local Income Tax, but it is another policy that the Scottish Government would do well to drop. If it isn’t broken, don’t try to fix it!