Part 18

Miscellaneous

Informal patients

Application to Tribunal in relation to unlawful detention
291
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).
S. 291 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)