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Are you being detained in hospital or receiving treatment against your wishes? Starling Lawyers can advise you on your legal rights and represent you before the Mental Health Tribunal.
The Scottish Legal Aid Board pays for your legal representation before the Mental Health Tribunal. It is not means-tested. Your nearest relative or Named Person may also receive paid legal representation.
Our specialist mental health team includes professionals who have practiced in frontline healthcare and law at a high level. We recognise that a mental health disorder diagnosis can be life-changing, affecting liberty, family life, and care needs. Our combined clinical and legal knowledge allows us to advise on the issues that may arise and find sensible solutions.
At Starling Lawyers, we can assist our clients in all areas of Mental Health law, including:
- The lawfulness of detention
- Treatment without consent
- Representation before the Mental Health Tribunal
- Appeals to the Sheriff Principal and Court of Session
- Judicial Review (a legal challenge to the way a public body made a decision)
- Instructing expert opinions
Legal disputes involving mental health and possible deprivation of liberty require experienced lawyers. At Starling lawyers, we are sensitive to your needs while confident in making robust arguments on your behalf at the Mental Health Tribunal
We aim to provide the highest quality representation for people diagnosed with mental disorders. We work hard to ensure legal rights are protected and clients’ wishes fully considered by the Mental Health Tribunal.
Mental Health Advice
Mental Welfare Commission for Scotland
SAMH – The Scottish Association for Mental Health
Breathing Space
Read the Scottish Governments Legislation & Guidance on the link below:
FAQs
What is an Emergency Detention Certificate?
- An Emergency Detention Certification allows you to be detained in a hospital for up to 72 hours to assess your condition
- A doctor can recommend the detention
- You cannot appeal against an Emergency Detention Certificate
- You should not receive treatment without your consent unless urgent or emergency treatment is required
What is an Emergency Detention Certificate?
- An Emergency Detention Certification allows you to be detained in a hospital for up to 72 hours to assess your condition
- A doctor can recommend the detention
- You cannot appeal against an Emergency Detention Certificate
- You should not receive treatment without your consent unless urgent or emergency treatment is required
What is a Short Term Detention Certificate?
A Short Term Detention Certificate (STDC) allows you to be detained in hospital for up to 28 days. A senior psychiatrist (Approved Medical Practitioner) grants an STDC, with consent required from a Mental Health Officer (MHO), a specialist social worker.
Criteria for an STDC:
- The person is likely to be suffering from a mental disorder
- There is a significant risk to the person’s health, safety or welfare
- The person presents a significant risk to others
- The person’s decision-making ability is significantly impaired as a result of the mental disorder
- Detention is necessary to determine what medical treatment is required or to give medical treatment
What are the effects of an STDC:
- The STDC starts immediately
- If not already an inpatient, the person must be admitted to hospital within three days
- The STDC allows detention in hospital for up to 28 days
- The STDC allows for the compulsory treatment of a Mental Disorder
You and your Named Person can appeal to the tribunal to have the STDC revoked or cancelled.
What is a Compulsory Treatment Order (CTO
A Mental Health Officer (MHO), a specialist social worker, makes an application for a CTO. The Application must include two medical reports by Approved Medical Practitioners (AMP), senior psychiatrists, or one AMP and one General Practitioner.
The MHO must inform the following of the CTO Application:
- Patient
- Named person or nearest relative
- Mental Welfare Commission
- Mental Health Tribunal
The MHO must also inform the patient of their right to Independent Advocacy Services and a Solicitor, and help them access such services.
The CTO Application sets out:
- Compulsory measures sought
- Medical treatment proposed
- Any other services proposed
A CTO is usually authorised for six months initially and then reviewed.
If you are subject to a CTO, you and your Named Person can appeal to the Tribunal to change or cancel your order.
What is a Compulsory Treatment Order (CTO)
A Mental Health Officer (MHO), a specialist social worker, makes an application for a CTO. The application must include two medical reports by Approved Medical Practitioners (AMP), senior psychiatrists, or one AMP and one General Practitioner.
Criteria for a CTO
- The patient must have a mental disorder
- Medical treatment is available and would be likely to prevent the mental disorder worsening, or alleviate its effects
- Significant risk to health, safety and the welfare of the patient, or to the safety of others, exists if medical treatment is not provided
- The patient’s ability to make decisions about his or her treatment is significantly impaired by mental disorder
- The treatment cannot be provided informal
The MHO must inform the following of the CTO Application:
- Patient
- Named Person or nearest relative
- Mental Welfare Commission
- Mental Health Tribunal
The MHO must also inform the patient of their right to Independent Advocacy Services and a Solicitor, and help them access such services.
The CTO Application sets out:
- Compulsory measures sought
- Medical treatment proposed
- Any other services proposed
A CTO is usually authorised for six months initially and then reviewed.
If you are subject to a CTO, you and your Named Person can appeal to the Tribunal to change or cancel your order.
When can I appeal to the Tribunal?
When you are subject to compulsory measures under the Mental Health Act, you can appeal to the Tribunal to end or change the compulsory measures. In most circumstances, your named person also has the right to appeal to the Tribunal on your behalf.
If you would like to discuss your case with a specialist lawyer, please contact Starling Lawyers to arrange a free consultation. Fill out our contact form here
For straightforward and sensitive legal advice, please get in touch with us for an informal chat so we can: - Get to know you
- Understand your situation
- Discuss how you wish to proceed
Let’s Talk
Get in touch today to arrange a free initial consultation
Fill out the form above or call us to discuss:
0131 581 8685