The New Mental Health Act: A guide to the appeals process - information for service users and their carers

The New Mental Health Act: A guide to the appeals process - information for service users and their carers

ISBN 0 7559 5127 0
This document is also available in pdf format (120k)


1 Some terms used in this guide
2 Guiding principles
3 What is an appeal?

4 When can I appeal to the Tribunal?
Short-term detention
Compulsory treatment order ( CTO)
Orders related to criminal proceedings/offence
Security levels
Transfer to a hospital in Scotland
Transfer to a hospital outside Scotland
Appeal against unlawful detention

5 When can I not appeal to the Tribunal?
6 When can I appeal to the Sheriff Court or Court of Session?
7 Role of the Mental Welfare Commission
8 Further information contacts
9 Acknowledgements
10 Other guides in this series

In March 2003 the Scottish Parliament passed a new law, the Mental Health (Care and Treatment) (Scotland) Act 2003. It came into effect in October 2005. It sets out how you can be treated if you have a mental disorder and says what your rights are.

This guide is one of a series about the new Act. It explains when you can appeal to the Tribunal, the Sheriff Court or the Court of Session.

The Act says

  • When you can be given treatment against your will
  • When you can be taken into hospital against your will
  • What your rights are
  • What safeguards are there to make sure your rights are protected

This guide is written for people who have a mental disorder, but it may be of interest to others including carers and independent advocates.


While we have done our best to see that the information contained in this guide was accurate and up to date when it was published we cannot guarantee this. If you have any questions about how the information might apply to you, you should discuss your concerns with a solicitor, your independent advocate or other appropriate adviser.

Further copies of this document are available, on request, in audio and large print formats and in community languages, please contact:

image of contact details in community languages

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