Mental Health Act - compulsory treatment orders: guide

A guide to compulsory treatment orders relating to the Mental Health (Care and Treatment) (Scotland) Act 2003.

Information for Service Users and their Carers

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 illness, a learning disability or a personality disorder, and what your rights are.

This guide is one of a series about the new Act, and it explains how you can be given treatment under the Act, and what it means for you.

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 there are to make sure your rights are protected

This guide is written for people who use mental health services, but it may be of interest to others including carers.


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.


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