Closed petition PE1878: Investigate prosecutions under the Mental Health (Care and Treatment) (Scotland) Act 2003

Background information

I am aware of a section 318 case where the police investigated the complaint against the psychiatrist and found sufficient evidence to charge them with having committed an offence. However the Mental Welfare Commission advised the Procurator Fiscal to drop the case. I believe this issue should be investigated.

Wellside Research published a consultation about the Commission recently which showed they heavily favoured professionals.

My previous petition on this topic (PE1786) was closed last year. It was believed that the issue was that there were not enough Mental Health Officers to consent to emergency detentions. However this was not the point of my previous petition. My point was that there are too many barriers to prosecutions.

I have submitted several petitions in the past that have been closed without any outcomes and without being allowed to appear personally in front of the Committee.