Facing a mental health tribunal can feel overwhelming—whether you’re the patient involved, a family member, or a carer. It’s completely natural to feel anxious or unsure about what lies ahead. But with the right information and support, the process can be less daunting.
At Health Law UK, we specialise in representing individuals across Scotland in mental health hearings. In this post, we’ll walk you through what happens at a tribunal, who’s involved, and how you can prepare.
What Is a Mental Health Tribunal?
The Mental Health Tribunal for Scotland is an independent panel that makes decisions about the care and treatment of people with mental health conditions.
Most commonly, it deals with:
- Compulsory Treatment Orders (CTOs)
- Short-Term Detention Certificates (STDCs)
- Appeals and reviews of current orders
The tribunal is there to protect the rights of individuals receiving mental health treatment, while also ensuring they receive the right care in the right setting.
Why Might a Tribunal Be Held?
A tribunal may be arranged if:
- A patient appeals against being detained or treated under the Mental Health Act
- A responsible medical officer wants to extend or vary an order
- A patient or relative applies to change the terms of treatment
Whatever the reason, the tribunal offers an important legal safeguard and an opportunity for the patient’s voice to be heard.
Who Will Be at the Tribunal?
A tribunal panel usually includes:
- A legal member (solicitor or advocate – chairing the panel)
- A medical member (typically a psychiatrist)
- A general member (with health or social care experience)
Also in attendance may be:
- The patient (if they wish to attend)
- A legal representative or solicitor
- The Responsible Medical Officer (RMO)
- A Mental Health Officer (MHO)
- Family members, if invited
- Independent advocates
- Interpreters or support workers, if needed
What Happens During the Hearing?
Tribunals are usually held in a private meeting room within a hospital or health facility, or more recently, online via video call. They are informal in tone, but structured in process.
You can expect the following:
- Introductions – The panel explains who they are and the purpose of the hearing.
- Presentation of Reports – The tribunal will consider reports from medical and social work professionals.
- Evidence and Questions – Each party may speak, ask questions, and respond.
- Patient’s Input – The patient will be invited to speak if they wish, either directly or via their solicitor.
- Decision – The tribunal may make a decision on the day or issue one shortly after in writing.
How Can You Prepare?
- Get legal advice – Representation by a solicitor experienced in mental health law can make a big difference. Legal Aid is usually available.
- Review the reports – You’re entitled to see reports before the hearing. Your solicitor can help explain them.
- Prepare what you want to say – Think through your concerns and questions in advance.
- Ask for support – Advocates and family members can attend and offer emotional or practical help.
You’re Not Alone
We understand that going through a tribunal can feel stressful and even frightening. But the process is there to protect your rights and ensure fair treatment. Many people find it reassuring to have their voice heard, especially when supported by an experienced legal team.
At Health Law UK, we’re here to support you every step of the way. Whether you need advice, representation, or simply someone to explain the process clearly—we’re here to help.
👉 Contact us today to speak to a solicitor who understands mental health law in Scotland with care and compassion.