The watchdog's HQ is expected to move from Edinburgh next year

The Mental Welfare Commission will relocate to Falkirk when the lease on its current office expires next year.

But its chairman said the move was being made at the wrong time and will lead to a loss of staff expertise and jeopardise the services provided.

The commission employs 76 people, 31 of which are seconded from the executive.

The executive said the seconded staff may go to Falkirk or be redeployed to other posts in Edinburgh.

The commission's chairman, Ian Miller, said the move could also jeopardise its ability to monitor the way the new Mental Health Act is put into practice.

'Crucial role'

"In our opinion this is the wrong decision at this time, and is contrary to advice we have given to ministers," he said.

"The commission has a crucial role to play in implementing the new Mental Health Act, which comes into effect in October, just at the time the commission will have to move offices.

"This new act is generally recognised as an excellent piece of legislation designed to ensure the safe treatment and care of some of Scotland's most vulnerable people.

"It is the commission's job to ensure that this legislation is being properly applied and the timing of this decision will be a major risk to our ability to monitor how the act is being put into practice."

This decision will inevitably lead to a significant loss of staff expertise, to the extent that our ability to operate will be seriously jeopardised Ian Miller Mental Health Commission

Mr Miller said the commission has consistently supported the executive's relocation policy but said the decision to move was not cost-effective and its timing will adversely affect the quality of services being provided.

He added: "We depend on our highly experienced staff to carry out our work of safeguarding the welfare of people with mental health problems and learning disabilities.

"This decision will inevitably lead to a significant loss of staff expertise, to the extent that our ability to operate will be seriously jeopardised.

"Given the executive's commendable mental health and learning disability initiatives in recent years, we are surprised that they have taken this risk."

Deputy Health Minister Rhona Brankin said: "The Mental Welfare Commission plays a very important role in the protection of people with mental disorders.

'Important functions'

"The commission needs to be able to visit people throughout Scotland in hospitals and in the community.

"Location in Falkirk will ensure that the commission is well placed to continue to carry out its important functions in an efficient manner."

The relocation policy requires that in the case of new bodies being set up, there will be a presumption that they should be located away from Edinburgh.

In the case of existing bodies, a rethink on location is required when leases expire.