The Mental Health (Care and Treatment) (Scotland) Act 2003 provides a legal framework for the treatment and support of people who have a "mental disorder". This could be a mental illness, personality disorder or learning disability. It regulates the detention of a person in hospital - you may have heard of this referred to as being "sectioned" - but also provides safeguards and remedies to the patient or their Named Person.
When someone is detained in hospital they are placed on an "Order". Our solicitors are able to help you by providing advice on your rights under the Mental Health (Care and Treatment) (Scotland) Act 2003. We can also represent you at any Hearing before the Mental Health Tribunal for Scotland.
Common Types of Order
A Short Term Detention Certificate authorises detention in hospital for up to 28 days. You have a right of Appeal against this Order if you do not agree with it.
A Compulsory Treatment Order can authorise you to receive treatment in hospital or in the community. It is usually granted for 6 months, at first, and then can be extended for a longer period.
You have a right of Appeal against your Compulsory Treatment Order after it has been in place of 3 months.
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