Scottish Government

Information for Service Users and their Carers

ISBN 978 0 7559 4829 7

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In March 2003 the Scottish Parliament passed a new law, the Mental Health (Care and Treatment) (Scotland) Act 2003. It came into effect in October 2005. It sets out how you can be treated if you have a mental illness, a learning disability or a personality disorder, and what your rights are.

This guide is one of a series about the new Act, and it explains how you can be given treatment under the Act, and what it means for you.

The Act says

• when you can be given treatment against your will
• when you can be taken into hospital against your will
• what your rights are
• what safeguards there are to make sure your rights are protected

This guide is written for people who use mental health services, but it may be of interest to others including carers.

Disclaimer

While we have done our best to see that the information contained in this guide was accurate and up to date when it was published we cannot guarantee this. If you have any questions about how the information might apply to you, you should discuss your concerns with a solicitor, your independent advocate or other appropriate adviser.

Contents

1 Some terms used in this guide
2 Care and treatment for mental disorder
3 Emergency and short-term powers
4 Powers to treat people involved in criminal proceedings
5 Application for a compulsory treatment order
6 How will the Tribunal decide whether to make a compulsory treatment order?
7 What decisions might the Tribunal make in an application for a CTO?
8 Can you be given medical treatment when you're on a CTO?
9 Can you appeal against the CTO?
10 When will a CTO end?
11 What happens after a CTO ends?
12 Further information contacts
13 Acknowledgements
14 Other guides in this series