Smith v MHTS [2006] CSOH 44
A Mental Health Officer sought Judicial Review of the Mental Health Tribunal for Scotland's decision not to convene a Tribunal before the end of the 5-day STDC extension period. The Tribunal had cited the limited availability of venues and the lateness of the compulsory treatment order application as reasons; these were irrelevant as the obligation is straightforward and clear and not qualified by reference to reasonable practicability. An order was pronounced requiring the Tribunal administration to schedule a hearing within 5 days of the judicial review hearing.
Thanks
Thanks to DS (User:Ds) for writing the case summary.
Notes
In Scotland CTO stands for Compulsory Treatment Order, not Community Treatment Order as in England & Wales. A Short Term Detention Certificate lasts up to 28 days. If a Mental Health Officer then applies to the Tribunal for a compulsory treatment order, the STDC is extended for 5 working days, and before the end of the extended period the Tribunal must decide whether to make an interim compulsory treatment order.
In this case, when the STDC expired, the doctors issued a fresh STDC: the judge merely said this new certificate was of "doubtful validity" and that in the circumstances he had "considerable sympathy" with the approach.
Citations
[2006] SLT 347, [2007] MHLR 17, 2006 GWD 10-178