FAQs

GENERAL 

Q1. What are the office hours of the Tribunal? 

A1. Monday to Thursday: 9 am - 5 pm and Friday: 9 am - 430 pm. 
(for further details on, for example, Bank Holidays, please see the Contacts page) 

Q2. Where can I get more information on the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Tribunal’s rules of procedure? 

A2. Please click on the link to obtain more information on the Mental Health (Care and Treatment) (Scotland) Act 2003  ("the 2003 Act") and The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 

ASSISTANCE, REPRESENTATION AND SUPPORT 

Q3.  How do I find an independent advocate/advocacy worker? 

A3.  A mental health officer or the hospital should advise you of local advocacy services.  Please see the Glossary for definition of independent advocate/advocacy worker. 

Q4.  How do I find a solicitor? 

A4.  An independent advocate may be able to provide you with a list of local solicitors with experience of mental health law.  The Law Society of Scotland has a list of solicitors who work in this area - Find a Solicitor | Law Society of Scotland (search in the ‘Social welfare health benefits’ section). 

Q5.  I am a patient and I don’t wish to use an advocacy worker or a solicitor.  Can a relative or friend represent or support me at the hearing? 

A5.   Yes.  You can choose who you wish to represent or support you at a hearing.  This person does not need to be a lawyer.  It would be helpful if you could let the Tribunal know in advance the name and contact details of the person you wish to support you so that the Tribunal can send them an invitation to the hearing. 

LEGAL AID 

Q6. Are patients eligible for Legal Aid? 

A6.  Yes.  All patients are eligible to receive a type of legal aid called ABWOR (non-means tested advice by way of representation) for proceedings before the Tribunal. Your solicitor, advocacy worker or the Citizen's Advice Bureau can give you advice about this. 

Q7. I am a named person.  Am I eligible for Legal Aid? 

A7.  Yes.  All named persons are eligible to receive a type of legal aid called ABWOR (see above) for proceedings before the Tribunal. 

Q8. Can listed initiators apply for Legal Aid? 

A8.  Yes.  Listed initiators are able to access civil legal aid on the same basis as patients or named persons, i.e. ABWOR (see above).  

APPLICATIONS OR APPEALS 

Q9. How do I make an application to the Tribunal? 

A9. For further information on how to make any type of application please see Applications and Appeals section of the website. 

Q10. During what hours will the Tribunal accept an application? 

A10.  The Tribunal will accept applications or any other documents by email anytime, i.e. both during and outside office hours.   

Q11. What is the deadline for receiving applications which need to be made within a certain time period? 

A11.  Any application which needs to be made before the expiry of a certain period must be received by the Tribunal no later than 2359 hours on the last day of that period.  Receipt of an application after that deadline may result in compulsory measures ceasing to be in place. 

Q12. Can a hearing date be arranged before I send in an application? 

A12.  No. The Tribunal is unable to fix a hearing date until it has received the completed Application with the Scheduling Pro Forma. 

Q13. I am professionally involved in more than one current application to the Mental Health Tribunal for Scotland and am worried about being booked for two hearings at the same time.  What can I do about this? 

A13.  The Scheduling Pro Forma requests this information so please complete this fully and submit it with the application.  If you are involved in more than one current application to the Tribunal please show that you are waiting for a hearing to be scheduled for another patient around the same time, giving the name of that patient. 

HEARINGS 

Q14. What are the different types of Tribunal hearings? 

A14.   The Tribunal holds hearings in-person, by video-conference or by telephone conference.  It seeks, as far as possible, to fix the type of hearing the patient wishes.  For further information about Tribunal hearings and the different types please see the Hearings section and Patient leaflet: What type of hearing would I prefer?  

Q15.  I am unhappy with the type of hearing scheduled.  Can it be changed? 

A15.  Once a hearing has been scheduled then, if there is a good reason, it may be possible to change the hearing type.  If you wish a different type of hearing, you should request this as soon as possible using this form - Request for alteration of date, time or place Form.  This request will be considered by an in-house convener or the President, taking account of the views of the other parties and availability of venues.  

Q16. I have been invited to a hearing.  Do I need to attend? 

A16. Your attendance is expected but is not compulsory. If you are the person making the application or another party in a case (please see the Glossary for definition of ‘party’) then your views on the application and your evidence will be important for deciding the case.  If you do not attend the hearing, then the tribunal may need to continue the case to another day to allow you to attend the hearing or to provide written information instead. 

Q17.  I am a patient and do not wish to attend the hearing.  Do I have to attend it? 

A17.  No, it is your choice if you attend the hearing. If you have a solicitor or advocacy worker then they are able to attend on your behalf and ensure your voice is heard.  Another option is to write down what you wish the tribunal to know and send this to the Tribunal before the hearing. 

Q18.  I am a patient, named person or another person with an interest.  I have received an invitation to attend a hearing but I am unable to attend on that date. What should I do? 

A18.  Please contact us using the contact details provided at the end of the invitation letter and we will endeavour to accommodate you. 

Q19.  I am a MHO or RMO for a patient and am unable to attend the hearing.  What should I do? 

A19.  Your evidence will be important for the tribunal to hear before it decides the case and your non-attendance could lead to the tribunal adjourning the case to another date. This will be particularly so if it is your application which the tribunal is deciding or if you are a party in the case.  If the hearing is time-critical (i.e. a decision has to be made before a certain date) please either try to find a substitute MHO or doctor with knowledge of the patient to attend on your behalf or provide a written, updated report.  If neither of these is an option and/or the hearing is not time-critical please complete a request to alter the hearing date using this form - Request for alteration of date,time or place form, intimate it to the other parties and then submit it to the Tribunal.  Please give clear reasons for your request.  The request will be considered by an in-house convener or the President taking account of the reasons for the request, the position of other parties and the Tribunal’s ability to re-schedule the hearing. 

Q20.  I am professionally involved in more than one current application to the Tribunal and I have been invited to attend two hearings at the same time.  What should I do? 

A20. In the event that you have been invited to attend two hearings scheduled to take place at the same time you must contact the casework team without delay to advise of this. When doing so please provide details of both hearings including the names of the patients and your further availability or non-availability. Further, if appropriate, please provide any information as to the urgency of either hearing and any other information you consider relevant. 

Q21.  I am a MHO or RMO and I have received an invitation to a hearing but I am no longer involved with the patient? 

A21.  Please contact the Tribunal via the email address provided as soon as you receive the invitation to advise of this and to provide the contact details of the patient’s new MHO or RMO. 

Q22.  I am an approved medical practitioner (‘AMP’) or a general practitioner (‘GP’) who provided the second mental health report (CTO2) for an application for a compulsory treatment order.  I have received an invitation to the hearing.  Am I expected to attend it? 

A22.  The Tribunal’s rules of procedure require the Tribunal to send you an invitation to the hearing.  If you are an AMP or GP who provided the second report for a CTO application, you are not usually expected to attend the hearing.  If you wish to provide further evidence to the Tribunal you may attend or submit a written report in advance of the hearing. 

Q23.  Who is invited to a hearing? 

A23.  The 2003 Act and the Tribunal’s rules of procedure state who should be invited to each type of hearing. The Tribunal relies on the information given in an application or other submitted document to identify who should be invited to a hearing.    

Q24. My partner, relative or someone else with an interest in the case was not invited to my hearing.  Why did this happen and is there anything I can do? 

A24.  If the Tribunal has not been given the details of a particular individual by the person submitting the application, then the Tribunal will be unable to invite that person to the hearing.  Please contact the casework team dealing with the case to advise them of such a person’s name and address. 

Q25. I have been cited to attend a hearing.   Do I need to attend? 

A25.  On very rare occasions the Tribunal may issue a citation requiring a person to attend as a witness.  If you receive a citation to attend the hearing, then you must attend the hearing. It is an offence to refuse or fail, without reasonable excuse, to comply with a citation. 

Q26.  I have been given only a few days’ notice of a hearing.  Why have I not been given more notice? 

A26. Timescales provided in the 2003 Act require the Tribunal to hear some applications within a very short timeframe. This means that the Tribunal has to schedule these hearings very quickly and at short notice.  Also, for data protection purposes, Tribunal papers have to be posted to people who do not have a secure email address, i.e. patients, named persons and family members.   

Q27. I have only received an invitation to the hearing and no papers.   Why is this? 

A27.  Not everyone receives a copy of the Tribunal papers. Only the parties (please see the Glossary for definition of ‘party’) in each case will receive the papers.  The Tribunal’s rules of procedure identify who are the parties in each case.  Other people will receive only an invitation to the tribunal hearing, meaning they can attend the hearing and give evidence and/or make representations.   Please see Roles for family members and friends for further information about the involvement of different persons at tribunal hearings. 

Q28. Can I apply to receive the Tribunal papers? 

A28.  Yes, a person may apply to receive a copy of the papers under rule 46 of the Tribunal’s rules of procedure.  Such applications should be made by email to the caseworker stating the reasons for the request. Please see the Factsheet on Rules 46 and 48 for further information about this.  

Q29.  Can I apply to be a party in a case? 

A29.  Yes. If you have an interest in a case and wish to be a party you can apply for this.  Please see the Factsheet on Rules 46 and 48 for further information, including how to apply. 

Q30.  How do I apply for non-disclosure of the Tribunal papers or part of them? 

A30.  Any request for non-disclosure of the Tribunal paperwork or part of it should be made at the time the application or other paperwork is submitted to the Tribunal under rule 46A of the Tribunal’s rules of procedure. Full and clear reasons for the request should be stated.  The request will be considered by an in-house convener or the President.  Please note that if a non-disclosure request is granted, it only applies to the papers mentioned in the request so, if further information is submitted and you wish non-disclosure of that information, a further request will be required. 

Q31. I have written information that I would like to tribunal to take account of.  What can I do? 

A31. Please submit this information as early as you can to the Tribunal before a hearing. Please note that the Tribunal has a statutory duty to pass information received to other parties in the case.  Alternatively, you can bring the information to the hearing and give it to the Tribunal clerk on the day. Please note bringing such information to the hearing could cause a delay in the start of the hearing as the other parties will need time to consider it. 

Q32. I didn’t find the answer to my question.  What can I do? 

A32.  If you didn't find what you were looking for from all the information contained within this website, you can email us (see "Contact Us") and we will endeavour to reply as soon as possible.  You should note, however, that the Tribunal cannot provide any person with legal advice in relation to the 2003 Act or proceedings before the Tribunal.  If you require legal advice, please contact your own solicitor.