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0800 389 6809 

Mental Health Act

The Mental Health (Care and Treatment) (Scotland) Act 2003 applies to people who have a mental illness, learning disability or related condition.  The Act calls this mental disorder.

Most of the time, when people become unwell, they understand that they need treatment. But sometimes, people are unwilling or unable to agree to treatment. The Mental Health Act sets out:

  • When and how people can be treated if they have a mental disorder
  • When people can be treated or taken into hospital against their will
  • What people's rights are, and the safeguards which ensure that these rights are protected

 

  • Emergency detention

    An emergency detention certificate allows a person to be held in hospital for up to 72 hours while their condition is assessed. Find out more here.

  • Short term detention

    A short term detention order allows for a person to be detained in hospital for up to 28 days for assessment and/or treatment. Find out more about them here.

  • Compulsory treatment orders

    A compulsory treatment order (CTO) allows for a person to be treated for their mental illness. The CTO sets out a number of conditions that you will need to comply with. The conditions will depend on whether you have to stay in hospital or are in the community.

  • Principles of the Act

    The 10 principles of good mental health care and treatment have been set out in law. Want to know what they are? Find out here.

  • Independent advocacy

    Under the Mental Health (Care and Treatment) (Scotland) Act, people with learning disabilities and people with a mental illness have a right to independent advocacy. Find out more about it here.

  • Safeguarded treatment

    Information about treatments with special safeguards and the role of the designated medical practitioner.

  • Named persons

    If you need treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003 you can choose someone to look out for you. This person is called a named person

  • Mental Health Tribunal

    The Tribunal is an independent organisation set up to decide what to do if you need to be given treatment against your will.

  • Rights of carers

    The Mental Health (Care and Treatment) (Scotland) Act 2003 says a carer is someone who gives you care and support when you need it.

  • Mental health officers

    A mental health officer is a social worker who has special training and experience in working with people who have a mental disorder.

  • Principles into Practice

    Principles into Practice logo


    The Principles into Practice network aims to promote care and treatment that is in line with the principles of the Mental Health Act.

  • Talking Mental Health

    talking mental health logo

    Talking Mental Health helps you communicate difficult mental health and legal information with service users and carers. Use it to create mental health information sheets.

Advice notes

Dr Donald Lyons

Find advice collected about the operation of mental health and incapacity legislation by Dr Donny Lyons, Chief Executive.