JB v MHTS [2012] ScotSC 4

The MHTS declared under section 257 Mental Health (Care and Treatment) (Scotland) Act 2003 that JB was no longer to be the named person on the basis that it was inappropriate for her to continue as such. The decision was made by a Convenor (legal member) sitting alone, but should have been made by a full panel: the tribunal was faced with an important substantive decision; there was no emergency; even if there had been extant proceedings, this was not a 'preliminary' or 'interim' decision within the rules. The tribunal was therefore improperly constituted, and the appeal was allowed.


Judgment: 10/1/12

Sheriffdom of Lothian and Borders at Edinburgh

Note by Charles Norman Stoddart, Temporary Sheriff Principal

For the Appellant: Party [appeared in person]

For the Respondents: Mr R Hunter, Solicitor, Hamilton

For the Mental Health Officer: Miss Finlay, Solicitor, Edinburgh


Case Number B2362/11

[2012] MHLO 17

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