Mental illness affects many people and can be extremely distressing both for the patient and their family. Most of the time people are well enough to know that they need treatment for poor mental health. Sometimes the result of an illness is that an individual does not think he or she needs care and treatment. Mental health law says that if a person is at risk because of his or her mental illness, and if treatment could help, professionals have a legal duty to provide that care and treatment.
The Mental Health (Care & Treatment) (Scotland) Act 2003 provides:
- When a person can be taken to hospital against his/her will
- When a person can be given treatment against his/her will
- What rights a person has when they are receiving care and treatment
- What safeguards are in place to protect that person’s rights
The law is based on a set of principles. These principles should be taken into account by anyone involved in a person’s care and treatment.
Muir Myles Laverty are very experienced in helping persons with mental health difficulties. We have two solicitors who have been appointed as Curator Ad Litem by the Mental Health Tribunal of Scotland.
We will do everything possible to assist including visiting patients in hospital or care home, advising them of their rights, working with named persons and advocacy workers, arranging independent medical examinations, attending tribunals, having meetings with consultants, mental health officers, social workers, arranging appeals against compulsory treatment or hospital detention.