Mental Welfare Commission report shines a light on practices which may amount to a deprivation of liberty

The Commission welcomes the Mental Welfare Commission’s report into discharges of adults with incapacity from hospitals to care homes during the pandemic. The report shines a light on practices which may amount to a deprivation of liberty under the European Convention on Human Rights. Importantly, the report makes several recommendations to Health and Social Care Partnerships, the Care Inspectorate and the Scottish Government, to ensure that the rights of people in situations of vulnerability are respected.  

The Commission raised concerns with the Scottish Parliament’s Covid-19 Committee in September 2020, highlighting instances where adults with incapacity were moved to alternative settings without appropriate legal authority. This is a critical safeguard for protecting an adult’s rights. We look forward to the Scottish Government’s response to the Mental Welfare Commission’s report.