Publication - Advice and guidance

Mental Health Act - compulsory treatment orders: guide

Published: 24 Sep 2008
Directorate:
Mental Health and Social Care Directorate
Part of:
Health and social care
ISBN:
978075594829

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

Mental Health Act - compulsory treatment orders: guide
6 How will the Tribunal decide whether to make a compulsory treatment order?

6 How will the Tribunal decide whether to make a compulsory treatment order?

Once the Tribunal has received an application for a CTO, it will contact you and your named person to give you details about your hearing.

The Tribunal has to give a range of people, including you and your named person, the chance to have your views heard, and to give evidence in support of your case.

You can get more information about the Tribunal and how it works, by contacting the Mental Health Tribunal for Scotland ( see here).

The Tribunal will weigh up all of the information and evidence it has received before reaching a decision. If you have made an advance statement about medical treatment, then this must be taken into account by the Tribunal - there is a separate guide on advance statements, see here for details.

The Tribunal has to consider if all of the criteria in box 1 below are met.

Box 1: Criteria for making a Compulsory Treatment Order

  • You have a mental disorder

  • Medical treatment is available which will stop your condition getting worse, or help treat some of your symptoms
  • If that medical treatment was not provided, there would be a significant risk to you, or to any other person
  • Because of your mental disorder, your ability to make decisions about medical treatment is significantly impaired
  • The use of compulsory powers is necessary.