Paterson & Anor v. Fife Health Board [2006] ScotSC 111 (17 May 2006)

Paterson & Anor v. Fife Health Board [2006] ScotSC 111 (17 May 2006)

Failure by the Tribunal to comply with the section 69 time limit does not invalidate its jurisdiction to determine the application; the overriding statutory purpose is to ensure care and treatment for those with mental disorder. However, the Tribunal erred in failing to properly consider an interim compulsory treatment order and to allow adequate time for representation, resulting in procedural unfairness. The Tribunal's order is set aside and an interim compulsory treatment order is made pending a rehearing.

Citation
[2006] ScotSC 111
Parties
Pursuer and Appellant: Brian Paterson; Defender and First Respondent: Sandra Kent; Defender and Second Respondent: The Mental Health Tribunal; Defender and Third Respondent: Fife Health Board
Jurisdiction
Scotland
Judgment Date
17 May 2006
Procedural Posture
Appeal Under Section 320 of the Mental Health (care and Treatment) (scotland) Act 2003 / Judgment on Appeal Against Decision of Mental Health Tribunal Dated 31 January 2006
Outcome
Appeal allowed; Tribunal's decision set aside; interim compulsory treatment order made; matter remitted to a differently constituted Tribunal for rehearing within 28 days; expenses awarded against the Tribunal.
Legal Topics
Compulsory Treatment Orders, Statutory Interpretation, Procedural Fairness, European Convention on Human Rights, Judicial Review
Mental Health Law Administrative Law Human Rights Law Compulsory Treatment Orders Statutory Interpretation Procedural Fairness European Convention on Human Rights Judicial Review

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Parties

Brian Paterson

Pursuer and Appellant

Sandra Kent

Defender and First Respondent

The Mental Health Tribunal

Defender and Second Respondent

Fife Health Board

Defender and Third Respondent

Procedural Posture

Appeal Under Section 320 of the Mental Health (care and Treatment) (scotland) Act 2003 / Judgment on Appeal Against Decision of Mental Health Tribunal Dated 31 January 2006

Legal Issues

  1. 1 Whether failure by the Mental Health Tribunal to comply with statutory time limits under section 69 of the 2003 Act invalidates its jurisdiction to determine a compulsory treatment order application
  2. 2 Whether the Tribunal erred in refusing an adjournment and failing to make an interim compulsory treatment order, thereby breaching procedural fairness

Ratio Decidendi

Failure by the Tribunal to comply with the section 69 time limit does not invalidate its jurisdiction to determine the application; the overriding statutory purpose is to ensure care and treatment for those with mental disorder. However, the Tribunal erred in failing to properly consider an interim compulsory treatment order and to allow adequate time for representation, resulting in procedural unfairness. The Tribunal's order is set aside and an interim compulsory treatment order is made pending a rehearing.

Court Disposition

Appeal allowed; Tribunal's decision set aside; interim compulsory treatment order made; matter remitted to a differently constituted Tribunal for rehearing within 28 days; expenses awarded against the Tribunal.

Orders

  • Sets aside the second respondent's decision dated 31 January 2006
  • Recalls the compulsory treatment order made on that date