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3 What does the Tribunal do?
The Tribunal considers the following types of proceedings:
- applications to the Tribunal, e.g. compulsory treatment orders ( CTO);
- references to the Tribunal, e.g. from the Mental Welfare Commission;
- appeals to the Tribunal from patients or named persons, e.g. appeal against a short-term detention certificate;
- reviews by the Tribunal; and
- cases remitted to the Tribunal by the sheriff principal or the Court of Session.
If an MHO thinks that you need compulsory treatment for more than 28 days he or she will make an application to the Tribunal. A separate guide is available on CTOs (see page 11). If you are already subject to a CTO your RMO might also apply to the Tribunal for changes to your care and treatment plan. The Tribunal is required to review your case at least once every two years. If you, or your named person, are unhappy with your CTO you both have the right to ask the Tribunal to review it.
The Tribunal will also consider your case if you are in hospital as a result of criminal proceedings. A separate guide is available on people involved in criminal proceedings. Your RMO might apply to the Tribunal for changes to your care and treatment plan and you and/or your named person can ask the Tribunal to review your case.
From May 2006 you can also ask the Tribunal to review your case if you think you are being held in conditions of greater security than you think are necessary. The right to review will only apply to people in the State Hospital in Carstairs. ( The principles say that your freedom should be limited only as much as is needed - which applies more generally.)
If the Mental Welfare Commission has concerns about your care or your order it can refer your case to the Tribunal for consideration.
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