A.B. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND & MS MARGARET COOPER & DR SALLY WINNING [2011] ScotSC 166 (24 October 2011)

A.B. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND & MS MARGARET COOPER & DR SALLY WINNING [2011] ScotSC 166 (24 October 2011)

The Tribunal must be satisfied not only that compulsory treatment is necessary, but that it is necessary for a period extending beyond the expiry of the short-term detention certificate. The Tribunal's written decision did not explicitly address whether detention and treatment were necessary after 21 July 2011, creating uncertainty as to whether the correct legal test was applied.

Citation
[2011] ScotSC 166
Parties
Appellant: AB; First Respondent: Mental Health Tribunal for Scotland; Second Respondent: Ms Margaret Cooper; Third Respondent: Dr Sally Winning
Jurisdiction
Scotland
Judgment Date
24 October 2011
Procedural Posture
Appeal / Interlocutory Order Pending Further Report
Outcome
Further inquiry ordered; no final decision on appeal yet
Legal Topics
Compulsory Treatment Order, Short Term Detention Certificate, Necessity Criterion, Minimum Restriction Principle
Mental Health Law Administrative Law Compulsory Treatment Order Short Term Detention Certificate Necessity Criterion Minimum Restriction Principle

Case Brief

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Parties

AB

Appellant

Mental Health Tribunal for Scotland

First Respondent

Ms Margaret Cooper

Second Respondent

Dr Sally Winning

Third Respondent

Procedural Posture

Appeal / Interlocutory Order Pending Further Report

Legal Issues

  1. 1 Whether the Tribunal erred in law in granting a compulsory treatment order before expiry of a short-term detention certificate
  2. 2 Whether the Tribunal properly considered the necessity of detention beyond the expiry of the short-term detention certificate

Ratio Decidendi

The Tribunal must be satisfied not only that compulsory treatment is necessary, but that it is necessary for a period extending beyond the expiry of the short-term detention certificate. The Tribunal's written decision did not explicitly address whether detention and treatment were necessary after 21 July 2011, creating uncertainty as to whether the correct legal test was applied.

Court Disposition

Further inquiry ordered; no final decision on appeal yet

Orders

  • The convener of the Tribunal who presided at the hearing on 8 July 2011 is directed to submit a report within 21 days stating whether the Tribunal considered the necessity of detention and treatment after 21 July 2011 and, if so, what answer was given.