Appeals against Tribunal decisions
A person wishing to challenge a decision of the Tribunal under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”) can appeal to the Sheriff Principal (with a further appeal right to the Court of Session) or, in restricted patient cases, direct to the Court of Session.
The Tribunal cannot provide advice to any person considering appealing against a Tribunal decision. If you think that you may have grounds to appeal against a Tribunal decision, you may wish to consult a solicitor or a Citizens’ Advice Bureau. Some information on the right of appeal is provided below. To view judgements in cases where a decision of the Tribunal has been appealed and a written judgement has been issued by the Court, go to Legislation and Caselaw. There you will also find a link to the Tribunal's Case Digest, which summarises and comments on appeals and judicial reviews concerning Tribunal decisions.
In this section you can find: