Information

Mental health law in Scotland: guide to named persons

A named person is someone who can look after your interests if you are cared for or treated under mental health legislation. This guide provides information to help you understand your rights.


4. The Powers of the Tribunal in relation to your Named Person

The Tribunal can order that your named person is no longer your named person if it decides that the named person you have chosen is unsuitable or is inappropriate to act in this role. This might be because they are not safeguarding your interests properly or they are bullying you. It may be for other reasons also. The Tribunal will take account of your wishes, but it has the power to make whatever decision it thinks is fit.

Other people can also apply to the Tribunal to have your named person removed from the role if they are thought to be inappropriate. These people include:

  • your mental health officer (MHO);
  • your responsible medical officer (RMO);
  • if you are in hospital, the managers of the hospital;
  • your welfare attorney, if you have one;
  • your guardian, if you have one;
  • your relatives; or
  • anyone who has an interest in your welfare.

If you are aged under 16, an application to remove a named person can also be made by someone who has parental responsibilities for you. The Tribunal can appoint another named person if it decides to remove your current named person from the role and that other person agrees.

If you are aged 16 or over the Tribunal cannot appoint a new named person for you, you must choose your own named person if you want to have one. If you're not able to choose your own named person then you will not have one.

The Tribunal can remove your named person if it thinks that it is inappropriate for your named person to have that role. It cannot appoint a new named person for you (unless you are aged under 16).

Contact

Email: Dan Curran

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