Mr Watson requested from the Scottish Ministers the legal advice they had obtained concerning the compatibility of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act) with the European Convention on Human Rights (ECHR). The . .
Appeal against a decision made by the respondents in terms of section 324(5)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 Citations: [2011] ScotSC 119 Links: Bailii Jurisdiction: Scotland Health Updated: 26 October 2022; Ref: scu.463998
The applicant was detained in a mental hospital. After losing a challenge to being moved to a higher security section he found that he was unable to appeal because the Scottish Parliament had not passed Regulations proving the structure for an appeal as was anticipated by the 2003 Act. Held: His appeal was rejecetd. Citations: … Continue reading RM, Re Judicial Review: SCS 21 Mar 2012
The Inner House considered the circumstances in which it may be appropriate, as a matter of law, for the Mental Health Tribunal for Scotland to pronounce no order for arrangements to be made for the transfer of a patient detained in the State Hospital to conditions of lesser security, following a finding that the patient … Continue reading G v Decision of The Mental Welfare Tribunal: SCS 23 Aug 2011
SIC Request for information about consultation with carers over the implementation of the Mental Health (Care and Treatment) (Scotland) Act 2003 Citations: [2005] ScotIC 044 – 2005 Links: Bailii Scotland, Information Updated: 08 September 2022; Ref: scu.434782
Second Division, Inner House – appeal against a decision of the Mental Health Tribunal for Scotland (the Tribunal) to refuse to make an order under section 220(5) of the the 2003 Act returning the appellant from the State Hospital, Carstairs to Linden House, Yorkshire where he was formerly detained. Judges: Lord Justice Clerk, Lord Brodie, … Continue reading WS v The Mental Health Tribunal for Scotland: SCS 20 Aug 2010
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr … Continue reading Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014
(Outer House) The prisoner, held in a high security psychiatric hospital, challenged the outright ban on smoking. Held: The Lord Ordinary declared that the impugned decision was unlawful so far as it affected Mr McCann both because it was not taken in accordance with the 2003 Act principles and also because it breached his Convention … Continue reading CM, Re Judicial Review: SCS 27 Aug 2013
The petitioner was a detained patient, subject to both a compulsion and restriction orders. He objected to a policy restricting visitors from bringing food parcels, and restricting ordering food from outside. Held: Lady Dorrian held that the Board had failed to consult with patients (as it had conceded it was required to do by section … Continue reading Lyons, Re Judicial Review: SCS 2 Feb 2011
The petitioner, a detained mental patient challenged the validity of orders made by the Mental Health Tribunal established under the 2003 Act. He said that, the respondents having not passed regulations providing complete processes for the tribunals, those tribunals could not provide a fair process for him. In particular there was no appeal mechanism. Held: … Continue reading RM v The Scottish Ministers: SCS 27 Aug 2008
Appeal from revocation of restriction order Citations: [2009] ScotCS CSIH – 9, 2009 GWD 7-126, 2009 SCLR 224, 2009 SLT 273 Links: Bailii Statutes: Mental Health (Care and Treatment) (Scotland) Act 2003 322 (1)(b) Jurisdiction: Scotland Health Updated: 02 May 2022; Ref: scu.291799
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been convicted of serious sexual and violent offences and detained under a … Continue reading G v Scottish Ministers and Another: SC 18 Dec 2013
Inner House – Appeal against orders for detention and compulsory treatment. Lady Smith [2015] ScotCS CSIH – 18 Bailii Mental Health (Care and Treatment) (Scotland) Act 2003, Adults with Incapacity (Scotland) Act 2000 Scotland Health Updated: 28 December 2021; Ref: scu.544197
Sheriff Principal B A Lockhart [2012] ScotSC 94 Bailii Mental Health (Care and Treatment) (Scotland) Act 2003 Scotland Health Updated: 23 December 2021; Ref: scu.466812
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
The availability of accommodation in a medium secure hospital where the patient could be detained in appropriate conditions, including appropriate facilities for treatment, can never be relevant to the question whether an order should be made under . .
Citations: [2015] ScotCS CSOH – 60 Links: Bailii Jurisdiction: Scotland Health Updated: 30 November 2022; Ref: scu.547646
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
