Mental Health

Mental Disorder is defined as those suffering from a mental illness, a personality disorder or learning disability. There is controversy in respect of the definition of Mental Disorder however the application of The Mental Health (Care & Treatment) (Scotland) Act 2003, which governs the treatment of the mentally disordered in Scotland, is carefully and compassionately considered by all professionals who use and implement the 2003 Act.

We at MHD Law can represent patients and Named Persons at proceedings before the Mental Health Tribunal for Scotland in respect of a range of applications and appeals. This includes applications to revoke a Short-Term Detention Certificate or to oppose an application for a Compulsory Treatment Order, and all forms of applications or appeals made on behalf of patients or Named Persons. A Named Person is a person nominated by the patient to receive all medical information regarding their mental health and they have a right of audience at a Mental Health Tribunal.

Funding from the Scottish Legal Aid Board is always available for representation before Mental Health Tribunals, and there is no financial eligibility test for the patient.

We are also able to assist with the nomination or revocation of a patient’s Named Person and the preparation of an advance statement.