Frequently Asked Questions
You will find answers to our most frequently asked questions from patients, carers and mental health professionals.
Q During what hours will the Tribunal accept an application?
A. The Tribunal will accept applications etc. during business hours. Email applications will also be accepted outside office hours. Office hours are:
- Monday to Thursday: 9 a.m. - 5 p.m. and Friday: 9 a.m. to 4.30 p.m.
(for further details e.g. Bank Holidays, see the Contacts page)
Q. I have been invited to a hearing. Do I need to attend?
A. Your attendance is expected but not compulsory. 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.
Q. How long will a hearing last?
A. The length of a hearing will depend on the individual case but the majority of hearings are completed within half a day. If a decision is made on the day you will be told what the outcome is.
However, if the panel cannot make a final decision on the application on the day and there is sufficient evidence to warrant it, they may make an interim compulsory treatment order, which can last up to 28 days. If this occurs, the panel will explain what happens next. Another hearing will be arranged before the expiry of the interim compulsory treatment order and you will be invited to that hearing.
Q. How soon will I get notification of the date of my next hearing?
A. Notice will be given as soon as the next hearing is arranged. The Tribunal will attempt to offer as much notice as possible, but statutory timescales can often be quite short.
Q. Where are hearings held?
A. Tribunal hearings take place at a wide range of venues across Scotland. Where practical, hearings are held where it is most convenient for the patient. This can be either in a hospital or in a community venue. Details of all venues can be found in our "Venues" section.
Q. I don't know where the hearing is. What can I do?
A. If you are invited to a hearing, the address and postcode will be printed on the letter. You can also find more information on our dedicated "Venues" section. You can search for information by hospital, venue or area. You could also ask your advocacy worker or another person who you know will be attending the hearing.
Q. I want to attend the hearing but there are times that I cannot attend. What should I do?
A. Complete a Scheduling Pro Forma letting the Tribunal know the dates that you cannot attend and attach this to the front of your original application.
As you will understand, given the statutory timescales within which the Tribunal requires to operate and the fact that a number of people will be invited to attend the hearing, the Tribunal cannot guarantee to accommodate you but will endeavour to do so.
If you are a service user, a named person or another person with an interest and you have been invited to attend a hearing and there are times or dates when you cannot attend, 
please contact us and we will endeavour to accommodate you.
Q. Can a hearing date be arranged before I send in my application?
A. No. The Tribunal requires the completed Application Form prior to arranging the hearing date.
Q. My brother/sister/father/mother/etc was not notified of my hearing. Why did this happen?
A. The Tribunal has a statutory duty to inform all individuals who are entitled to attend the hearing of the place, date and time of the hearing. If the Tribunal has not been given the details of a particular individual, then the Tribunal will be unable to notify that person of the hearing.
Q. Are patients eligible for Legal Aid?
A. All patients are eligible for non-means tested legal aid for proceedings before the Tribunal. Your solicitor, advocacy worker or Citizen's Advice Bureau can advise you further.
Q. I am a named person. Am I eligible for Legal Aid?
A. All named persons are eligible for non-means tested legal aid for proceedings before the Tribunal. Your solicitor, advocacy worker or Citizen's Advice Bureau can advise you further.
Q. Can listed initiators apply for Legal Aid?
A. In mental Health Tribunal for Scotland proceedings, listed initiators are able to access civil legal aid on the same basis as patients or named persons. This means that listed initiators are able to access non-means tested legal assistance, ABWOR (Assistance by Way of Representation).
In appeals from the Mental Health Tribunal for Scotland, listed initiators are able to access civil legal assistance on the same basis as patients and named persons, as they are considered to be acting in a "representative, fiduciary or official capacity" under regulation 14 of the Civil Legal Aid (Scotland) Regulations 2002. Financial eligibility for civil legal aid will depend on the incapable adult's resources, rather than those belonging to the person acting in the representative capacity. However, the tests in section 14 of the Legal Aid (Scotland) Act 1986 regarding probable cause and reasonableness for making an appeal will apply.
Q. I have information that I think the panel should be aware of. What can I do?
A. It is preferable that you submit relevant information to the Tribunal at its Headquarters in Hamilton prior to a hearing. Please note that the Tribunal has a statutory duty to pass information received to other parties. A party is not just everyone who is interested in a case. A party is defined in our Rules of Procedure.
Alternatively, you can bring the information to the hearing and give it to the Convener on the day. A Tribunal Clerk will also be in attendance who can also help you with any queries you may have.
Q. Where can I get more information on the Mental Health Act.
A. Click on the link to obtain more information on the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act").
Q. Where can I get more information about a venue?
A. You can refer to the "Venues" section on our website which gives details on each venue. There you can search for information by hospital, venue or area.
Q. What can I send by fax?
A. The Tribunal will accept applications by fax. If the application is for a hearing to take place at short notice, it is advisable to call the Tribunal Administration to advise that an application has been submitted and to seek confirmation that the application has been received by the Tribunal.
The Tribunal will also accept by fax short-term detention certificates (DET2), short-term detention extensions (DET4), section 86 determinations (CTO3b), as well as any representations to be placed before the Tribunal.
Q. Is there a dress code?
A. There is no formal dress code.
Q. How long does it take to pay an invoice?
A. From date of receipt, invoices may take up to 30 days to process but the Tribunal will endeavor to pay a valid invoice within 10 days.
Q. I didn't find the answer to my question. What can I do?
A. 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.
Q. I am professionally involved in more than one current application to the Mental Health Tribunal for Scotland and am worried about being booked for hearings at the same time?
A. It is important that you advise of your availability and non-availability to participate in tribunal proceedings as soon as you become aware that you are involved in an application to the Mental Health Tribunal for Scotland. If you are the person making the application please do so at the point of submitting the application. If you are involved in more than one current application to the Tribunal please indicate that you are waiting for another hearing to be scheduled for another patient around the same time and give the name of that patient.
Q. I am professionally involved in more than one current application to the Mental Health Tribunal for Scotland and I have been invited to attend two hearings at the same time?
A. In the event that you have been invited to attend two hearings scheduled to take place at the same time you must contact the Tribunal Administration without delay to advise of this. When doing so please provide details of both hearings including the name of the patient and your further availability or non-availability. Further if appropriate please provide any information as to the urgency of either hearing or any other information you consider relevant.
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.