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Parliamentary Debates and Questions

S5W-11988: Miles Briggs (Lothian)

Scottish Conservative and Unionist Party

Date lodged: 12 October 2017

To ask the Scottish Government what action can be taken if an approved medical practitioner grants a short-term detention certificate after erroneously considering that the requisite conditions to do so have been met.

Answered by: Maureen Watt 26 October 2017

The Mental Health (Care and Treatment) (Scotland) Act 2003 requires orders such as short-term detention certificates to be kept under review and revoked or varied as appropriate. Where a patient or named person does not think the requisite conditions for a short-term detention certificate have been met, it is open to them to appeal the decision to the Mental Health Tribunal. The Tribunal shall revoke the certificate if not satisfied that the requisite conditions have been met.

An approved medical practitioner can revoke a short-term detention certificate at any point during the maximum 28 day period if detention criteria are no longer met, this will include situations where they originally believed that the conditions had been met.

Mental health law in Scotland is based on rights and principles and offers patients significant safeguards where compulsory treatment is necessary. Safeguards include a right to independent advocacy and an efficient and independent Mental Health Tribunal which grants and reviews orders for compulsory treatment.