Successful Appeal Against Decision of The Mental Health Tribunal Scotland
Ian Woodward-Nutt recently represented a client before the Mental Health Tribunal Scotland in Aberdeen in relation to an Appeal against an Order detaining that client in hospital.Â Despite repeated requests by this office that the Mental Health Tribunal Scotland disclose to us paperwork relating to the Application, the Mental Health Tribunal Scotland refused or failed to provide documentation to us.
As a result, Ian argued that the Mental Health Tribunal could not grant an Order in these circumstances.Â Despite this submission the Tribunal proceeded to grant a Compulsory Treatment Order detaining our client in hospital.
Ian thereafter appealed the decision of the Mental Health Tribunal Scotland to the Sheriff Principal of the Sheriffdom of Grampian Highland & Islands in Aberdeen.Â Â Â We are pleased to note that in light of this Appeal the Tribunal conceded the point and the Appeal was duly granted.
Ian comments thatÂ â€œIt is essential that all Court or Tribunal proceedings are conducted fairly.Â Â Â If an unfairness in proceedings is a fundamental one then this may result in a decision that will be overturned by a Court of Appeal or higher authority.â€