L.A. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND

The Sheriff Principal, having resumed consideration of the cause, refuses the appeal and adheres to the decision of the respondents made on 20 April 2011 at the Jim Foley Centre, 65 John Street, Wishaw ML2 7TJ; finds no expenses due to or by either party in respect of the appeal.

This is an appeal against a decision made by the respondents on 20 April 2011 in terms of section 324(5)(a) of the Mental Health (Care and Treatment) ( Scotland ) Act 2003 ("the 2003 Act").

(b) That, because of the mental disorder, the patient's ability to make decisions about the provision of medical treatment is significantly impaired;

(d) That if the patient were not detained in hospital there would be a significant risk-

A proforma DET2, issued by the Scottish Executive, is the form used by most detaining authorities. There is no legal provision that requires this form to be used. There are eight pages in the DET2 form. The DET2 form sets out the five conditions in section 44(4) of the Act and provides space for the medical practitioner to supply reasons as stipulated by section 44(9) of the Act.