Part 18Miscellaneous

Informal patients

I1291Application to Tribunal in relation to unlawful detention

1

This section applies where, otherwise than by virtue of this Act or the 1995 Act, a person (“the patient”)—

a

has been admitted to a hospital; and

b

is being given treatment there primarily for mental disorder.

2

A person mentioned in subsection (4) below may apply to the Tribunal for an order requiring the managers of the hospital to cease to detain the patient.

3

On an application under subsection (2) above the Tribunal shall—

a

if satisfied that the patient is being unlawfully detained in the hospital, make the order mentioned in subsection (2) above; or

b

if not satisfied about the matter mentioned in paragraph (a) above, refuse the application.

4

The persons referred to in subsection (2) above are—

a

the patient;

b

the patient’s named person;

c

if the patient is a child, any person who has parental responsibilities in relation to the patient;

d

a mental health officer;

e

the Commission;

f

any guardian of the patient;

g

any welfare attorney of the patient; and

h

any other person having an interest in the welfare of the patient.

5

Subsection (2) above is without prejudice to any right that a person has by virtue of any enactment or rule of law.

6

In subsection (4)(c) above, “child” and “parental responsibilities” have the same meanings as they have in Part I of the Children (Scotland) Act 1995 (c. 36).