Henderson v MHTS [2010] ScotSC 29

A Curator ad litem appointed by the Mental Health Tribunal for Scotland is appointed to protect and safeguard the interests of the patient during particular proceedings before the Tribunal and has no standing to appeal that Tribunal's decision to the Sheriff Principal.


Thanks to DS (User:Ds) for writing the case summary.


Interestingly, an appeal to the Sherrif Principal, in terms of section 320 of the Mental Health (Care and Treatment) (Scotland) Act 2003, by a Curator ad litem, has been heard previously: see Hughes v Mental Health Tribunal for Scotland [2006] ScotSC 56.

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