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Background Info

A statutory public inquiry is to be held to examine historical cases of abuse of children in care in Scotland.

An inquiry was also made into the country's worst Clostridium difficile (C. diff) outbreak. The probe, led by Lord MacLean, looked into care at Dunbartonshire's Vale of Leven Hospital between 2007 and 2008.

However there has been no proper investigation into people who have been abused whilst being detained under mental health legislation.

In the submissions to PE01494 by Hunter Watson, and in the submissions to the Mental Health (Scotland) Bill it is clear that many people have been abused under this legislation.

s315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 states:
315 Ill-treatment and wilful neglect of mentally disordered person
(1)This section applies to a person (a “relevant person”) who—
(a)is an individual employed in, or contracted to provide services in or to, a hospital;
(b)not being the Scottish Ministers, is a manager of a hospital;
(c)provides care services; or
(d)is an individual who, otherwise than—
(i)by virtue of a contract of employment or other contract with any person; or
(ii)as a volunteer for a voluntary organisation, provides care or treatment. (2) A relevant person who
(a)whether under this Act or otherwise
(i) is providing care or treatment; or
(ii) purports to provide care or treatment, to a patient; and
(b) ill-treats, or wilfully neglects, that patient, shall be guilty of an offence.

s318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 states:
318 False statements
(1) A person who
(a) knowingly makes, in a relevant document, an entry or statement which is false in a material particular; or
(b) with intent to deceive, makes use of any such entry or statement knowing it to be false, shall be guilty of an offence.

No-one has ever been convicted of an offence under s315 or s318 of the above Act despite many allegations by patients and their families.

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