Homicide report by Mental Welfare Commission for Scotland: review and consultation

Summary of Revised Process Proposed by the Commission

STAGE 1

The Commission will receive the psychiatric assessment(s) (undertaken by the Crown Office and Procurator Fiscal Service ( COPFS)) and review to determine whether there has been recent contact with mental health or learning disability services. The Commission will liaise with COPFS to ensure there are no issues with proceeding with an investigation and will notify the health board of the homicide.

STAGES 2 AND 3

In exceptional circumstances, the Commission will move straight to an independent investigation of the events (stage 5). In all other cases, the health board will undertake a serious adverse event review ( SAER) and send the SAER report to the Commission. The health board will make early contact with the victim's family and the perpetrator.

STAGE 4

The Commission will review the SAER report to determine whether or not it adequately identifies any learning points, and then obtain any further information considered necessary to reach a view on the case.

STAGE 5

The Commission's senior management team will consider the case, and in some circumstances it will open an investigation.

STAGE 6

In certain circumstances, the Commission will appoint a team to investigate, which may be internal or external. There will be engagement with the families of the victim and service user.

Flowchart Summarising the Revised Process Proposed by the Commission