K AGAINST A DECISION OF THE MENTAL HEALTH TRIBUNAL FOR SCOTLAND

The Sheriff Principal, having resumed consideration of the cause, Refuses the appeal; Adheres to the order of the Tribunal; finds no expenses due to or by either party.

[1] This is an appeal against a decision of the Mental Health Tribunal for Scotland (“the Tribunal”) under Section 320 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

[2] The appellant was detained on 24 April 2014 within New Craigs Hospital, Inverness, under a compulsory treatment order in terms of Section 66(1)(a) and (b) of the Act. On 20 May 2014 a warrant for her removal to a hospital in the Netherlands, was authorised by the Scottish Ministers in terms of Section 290(1)(b) of the Act and Regulation 10 of the Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005 (SI 467: 2005), the effective date of renewal being the date of authorisation.

[3] The appellant appealed to the Tribunal against that decision on the grounds that, first, the treatment she receives in Scotland will be less restrictive than the equivalent treatment in the Netherlands, and, secondly, she wishes to reside in Scotland, she having no family connections in the Netherlands.

[4] The first hearing of the Tribunal took place on 13 June 2014 but was adjourned to allow attendance by the appellant’s responsible medical officer (“RMO”) and for him to provide a report regarding the care arrangements for the appellant in the event of her transfer to the Netherlands. A further hearing of the Tribunal took place on 10 July 2014.