Compulsory treatment and Mental Health Law

Most of the time, when people become unwell, they understand that they need treatment. But sometimes people are unable, or unwilling, to agree to treatment.  

The Mental Health (Care and Treatment) (Scotland) Act 2003 sets out when people can be treated against their will and what your rights are in this case. 

Rights and safeguards 

• Everyone with a mental health problem has a right to independent advocacy. 

• You have the right to make an advance statement, setting out how you do or do not want to be treated. 

• You have the right to appoint a Named Person, who can act on your behalf. 

• There is a duty on local authorities to provide services “designed to promote well-being and social development” for people with mental health problems. 

• All treatment under the Mental Health Act must comply with the Human Rights Act 1998, which gives you the right not to be treated in an inhumane or degrading manner. 

• You have the right to appeal against compulsory treatment to the Mental Health Tribunal in Scotland. 

Compulsory treatment 

• You can be detained by a nurse for up to 3 hours so that a doctor can examine you. 

• You can be taken to a “place of safety” for up to 24 hours if you become unwell in public. 

• Under an Emergency Detention Certificate, you can be detained in hospital by a doctor for up to 72 hours to protect you or other people. 

• Under a Short-Term Detention Order, you can be detained by a psychiatrist or Mental Health Officer for up to 28 days to protect you or other people.  

• Under a Compulsory Treatment Order, you can be detained by the Mental Health Tribunal for up to six months to protect you or other people. This may be either in hospital or in the community.  

• Some rare treatments, such as artificial feeding or Electroconvulsive Therapy (ECT) have special safeguards.