Mental Health Tribunal For Scotland
This Tribunal makes certain decisions in respect of the care and treatment of mentally disordered patients subject to compulsory treatment measures, including detention in hospital.
Three-member tribunal panels sit at venues throughout Scotland, both in hospitals and in the community. Proceedings are conducted in an informal manner without strict rules of evidence.
In proceedings before the Tribunal patients are entitled to be legally represented and to have the services of a solicitor and \or a named person..
The purpose of the Tribunal’s is to make decisions concerning the care and treatment of a particular category of people with mental disorder: namely, those people who require compulsory measures of care and treatment, which may include detention in hospital.
In making decisions tribunals must consider :-
The wishes of the patient
the views of the patient’s named person, carer, guardian and welfare attorney
the importance of the patient participating as fully as possible
the importance of providing such information and support to the patient as is necessary to enable the patient to participate as fully as possible
the range of options available in the patient’s case
the importance of providing maximum benefit to the patient
the need to ensure that, unless it can be shown to be justified in the circumstances, the patient is not treated in a way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation
the patient’s abilities, background and characteristics including, without prejudice to that generality, the patient’s age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group.
The Tribunal’s focus
The Tribunal is focused on the individual patient who is at the centre of proceedings before it, seeking to ensure that the patient has the opportunity to participate in its deliberations to the fullest extent.
Free legal aid (that is legal aid without the need for financial assessment) is available to all patients appearing before tribunals. Our guardianship solicitors are well versed in legal aid applications and tribunal hearings.
Visits to meet patients in hospitals are routinely arranged.
If anyone you know needs help regarding tribunal hearings telephone