Time limit for appealing

Time within which an appeal must be made

Where a patient is subject to a compulsory treatment order or a compulsion order, then the appeal must be made within 21 days of the date on which the decision was intimated to the patient (see rule 2(6) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (SI 1999/929). Where the patient is a restricted patient (someone subject to a compulsion order and a restriction order, or to a hospital direction or transfer for treatment direction), the period for appeal is set out in the Mental Health (Period for Appeal) (Scotland) (No. 2) Regulations 2005 (SSI 2005/441) and specifies a period of 21 days.  That period is linked either to the date on which the party is informed of the decision or, where they have requested a copy of the FFR (findings and reasons document) of the Tribunal within 7 days of being informed of the decision, the date of receipt of that document.