Appeals in Restricted Patient cases

Where someone is subject to a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction, there is a direct right of appeal to the Court of Session against certain decisions of the Tribunal. Those decisions are specified in section 322(1) of the 2003 Act. They include a decision to make an order revoking a compulsion order; a decision to make an order revoking a restriction order; a decision to make an order varying a compulsion order; a decision to make an order conditionally discharging a patient; and a decision under section 193 of the 2003 Act to make no order. Only a relevant party to proceedings before the Tribunal may appeal to the Court of Session. That term is defined in section 322(3) of the 2003 Act (read with section 322(4)) and includes the patient, the patient’s named person, any welfare guardian of the patient, any welfare attorney of the patient and the Scottish Ministers.