Mental Health( Care and Treatment)(Scotland) Act 2003 Consultation in relation to section 268 appeals against conditions of excessive security

A consultation seeking views on the way forward in respect of appeals against excessive security for mental health patients following the Supreme Court decision of M v Scottish Ministers


We are inviting written responses to this consultation paper by Friday, 25 October 2013.

This paper asks a number of consultation questions on which we would welcome your views. Please respond to as many or as few of the questions as you wish, indicating in your response which questions your comments relate to. Please give reasons for your views and information from your own experience where appropriate.

Please send your response to the consultation questions along with your completed respondent information form (see "handling your response") to: or

Kirsty McGrath
Scottish Government Health Directorate
Mental Health and Protection of Rights Division
Head of Mental Health Law Team
3-ER St Andrews House
Regent Road

If you have any queries please contact Kirsty McGrath on 0131 244 2599.

This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.

The Scottish Government now has an email alert system for consultations (SEconsult: This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces SG distribution lists, and is designed to allow stakeholders to keep up to date with all SG consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.



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