Henderson v. Mental Health Tribunal & Anor [2010] ScotSC 29 (23 July 2010)

Henderson v. Mental Health Tribunal & Anor [2010] ScotSC 29 (23 July 2010)

A curator ad litem is not a 'relevant party' under section 320(5) of the 2003 Act and therefore has no title to appeal a Tribunal decision; Parliament's omission of curators ad litem from the list of relevant parties was deliberate, and their appointment is limited to Tribunal proceedings.

Citation
[2010] ScotSC 29
Parties
Appellant (curator Ad Litem): Gordon Henderson; Respondents: Mental Health Tribunal & Grant Pagan
Jurisdiction
Scotland
Judgment Date
23 July 2010
Procedural Posture
Appeal (mental Health) / Appeal Against Decision of Mental Health Tribunal
Outcome
Appeal dismissed as incompetent
Legal Topics
Right of Appeal, Curator Ad Litem, Competency of Appeal, Interpretation of Statutes
Mental Health Law Administrative Law Human Rights Law Right of Appeal Curator Ad Litem Competency of Appeal Interpretation of Statutes

Case Brief

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Parties

Gordon Henderson

Appellant (curator Ad Litem)

Mental Health Tribunal & Grant Pagan

Respondents

Procedural Posture

Appeal (mental Health) / Appeal Against Decision of Mental Health Tribunal

Legal Issues

  1. 1 Whether a curator ad litem has title to appeal a Mental Health Tribunal decision under section 320 of the Mental Health (Care and Treatment) (Scotland) Act 2003
  2. 2 Interpretation of 'relevant party' under section 320(5)
  3. 3 Compatibility with Article 4 ECHR

Ratio Decidendi

A curator ad litem is not a 'relevant party' under section 320(5) of the 2003 Act and therefore has no title to appeal a Tribunal decision; Parliament's omission of curators ad litem from the list of relevant parties was deliberate, and their appointment is limited to Tribunal proceedings.

Court Disposition

Appeal dismissed as incompetent

Orders

  • No expenses due to or by either party in respect of the appeal proceedings