McGlynn v. The Mental Health Tribunal For Scotland [2006] ScotSC 18 (02 March 2006)

McGlynn v. The Mental Health Tribunal For Scotland [2006] ScotSC 18 (02 March 2006)

The Tribunal erred in law by failing to consider an interim Compulsory Treatment Order, thereby denying the appellant procedural fairness and the opportunity to consult legal advisors and obtain an independent report before a full order was made.

Citation
[2006] ScotSC 18
Parties
Appellant: McGlynn; First Respondent: Mental Health Officer; Second Respondent: Mental Health Tribunal for Scotland
Jurisdiction
Scotland
Judgment Date
02 March 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Compulsory Treatment Order, Procedural Fairness, Tribunal Procedure
Mental Health Law Administrative Law Compulsory Treatment Order Procedural Fairness Tribunal Procedure

Case Brief

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Parties

McGlynn

Appellant

Mental Health Officer

First Respondent

Mental Health Tribunal for Scotland

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by not considering an interim Compulsory Treatment Order before making a full Compulsory Treatment Order
  2. 2 Whether the appellant was given sufficient opportunity to consult legal advisors and obtain an independent report

Ratio Decidendi

The Tribunal erred in law by failing to consider an interim Compulsory Treatment Order, thereby denying the appellant procedural fairness and the opportunity to consult legal advisors and obtain an independent report before a full order was made.

Court Disposition

appeal allowed

Orders

  • Decision of the Tribunal dated 18 November 2005 set aside
  • Case remitted to the Tribunal for reconsideration by a differently constituted panel