L.A. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND [2011] ScotSC 119 (20 July 2011)

L.A. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND [2011] ScotSC 119 (20 July 2011)

The Tribunal was entitled to consider the totality of the material before it, and the DET2 form, though missing a page, contained sufficient information to satisfy the statutory requirements of section 44(4) and 44(9) of the 2003 Act. There was no error of law, procedural impropriety, or unreasonable exercise of discretion.

Citation
[2011] ScotSC 119
Parties
Appellant: L A; Respondents: Mental Health Tribunal for Scotland; Minuter: Dr Ann Johnston, Responsible Medical Officer
Jurisdiction
Scotland
Judgment Date
20 July 2011
Procedural Posture
Appeal / Judgment on Appeal Against Tribunal Decision Refusing Revocation of Short Term Detention Certificate
Outcome
Appeal refused
Legal Topics
Short Term Detention Certificate, Procedural Impropriety, Statutory Compliance, Mental Health (care and Treatment) (scotland) Act 2003, Tribunal Procedure
Mental Health Law Administrative Law Short Term Detention Certificate Procedural Impropriety Statutory Compliance Mental Health (care and Treatment) (scotland) Act 2003 Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

L A

Appellant

Mental Health Tribunal for Scotland

Respondents

Dr Ann Johnston, Responsible Medical Officer

Minuter

Procedural Posture

Appeal / Judgment on Appeal Against Tribunal Decision Refusing Revocation of Short Term Detention Certificate

Legal Issues

  1. 1 Whether the short term detention certificate complied with section 44(4) and 44(9) of the Mental Health (Care and Treatment) (Scotland) Act 2003
  2. 2 Whether the Tribunal erred in law by proceeding on an incomplete DET2 form
  3. 3 Whether there was procedural impropriety or unreasonable exercise of discretion by the Tribunal

Ratio Decidendi

The Tribunal was entitled to consider the totality of the material before it, and the DET2 form, though missing a page, contained sufficient information to satisfy the statutory requirements of section 44(4) and 44(9) of the 2003 Act. There was no error of law, procedural impropriety, or unreasonable exercise of discretion.

Court Disposition

Appeal refused

Orders

  • Appeal refused and decision of the respondents (Mental Health Tribunal for Scotland) of 20 April 2011 adhered to.
  • No expenses due to or by either party in respect of the appeal.