4.1 The Mental Welfare Commission derives its authority to make enquiries into
complaints from the provisions of Section 3(2)(a) of the Mental Health (Scotland)
Act 1984, "In the exercise of their functions ......., it shall be the duty
of the Mental Welfare Commission to make enquiry into any case where it appears
to them that there may be ill-treatment, deficiency in care or treatment .....,
or where the property of any such person may by reason of his mental disorder,
be exposed to loss or damage". The Commission's general duty to protect the
welfare of persons with mental disorder, is also relevant.
