WS had been transferred from an English medium secure unit to the state hospital at Carstairs in Scotland under s80 MHA 1983. (1) His appeal to the MHTS under s220 Mental Health (Care and Treatment) (Scotland) Act 2003 ("Appeal to Tribunal against transfer under section 218 to state hospital") was misconceived because he had not been transferred under s218. (2) The appropriate remedies would have been (a) a judicial review in England of the English s80 decision or (b) an appeal under the Scottish s264 ("Detention in conditions of excessive security: state hospitals"). (3) An order under s264 would oblige the Health Board to search for suitable accommodation in England if necessary.
This case deals with section 218 which is relevant to patients who are subject to a compulsion order and a restriction order; a hospital direction; or a transfer for treatment direction. However, the provisions of section 124 with respect to patients who are subject to compulsory treatment orders are similar, as is section 178 with respect to patients who are subject to compulsion orders.
An order under s220 would lead to a return of the patient from the state hospital, whereas an order under s264 would only impose an obligation on the Health Board to search for new accommodation. But s220 only applies to transfers within Scotland under s218, not transfers to Scotland from other jurisdictions.
2010 SLT 991