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Parliamentary debates and questions

S5W-04578: Ross Thomson (North East Scotland)

Scottish Conservative and Unionist Party

Date lodged: 8 November 2016

To ask the Scottish Government, when a person appeals to revoke a short-term detention in hospital certificate, for what reason a mental health tribunal is required to determine whether the conditions that led to the detention continue to be met.

Answered by: Maureen Watt 16 November 2016

The purpose of section 50 of the Mental Health (Care and Treatment) (Scotland) Act 2003 is to give the patient or the patient's named person the right to apply to the Mental Health Tribunal for Scotland to revoke a short-term detention certificate or extension certificate. This could be because the patient or named person did not think a short-term detention certificate was necessary, or because the patient or named person is of the view that the patient's condition has improved sufficiently that it is no longer necessary. This is in keeping with other provisions in the 2003 Act which require that orders and certificates should be kept under review and revoked or varied as appropriate, to support the principles of least restriction and maximum benefit which underpin the 2003 Act.

Section 50 sets out that the Tribunal shall revoke the certificate if not satisfied that the following conditions continue to be met:

  • that the patient has a mental disorder;

  • that, because of the mental disorder, the patient's ability to make decisions about the provision of medical treatment is significantly impaired;

  • that if the patient were not detained in hospital there would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person;

and if the Tribunal is not satisfied that it continues to be necessary for the patient to be detained in hospital as authorised by the certificate.