7 August 2013
Cross-border transfer and right of appeal
When Scottish Ministers grant a warrant for transfer out of
Scotland, the patient has the right of appeal to the Tribunal.
Surprisingly, the named person has no right of appeal. We think
this must have been an error in drafting the cross-border
regulations, because the named person does have the right to
appeal transfer between hospitals in Scotland. We have discussed
this with the Tribunal and the Scottish Government.
If the named person objects to the patient being transferred out
of Scotland, he/she should contact the Mental Welfare Commission as
a matter of urgency. We would then make a reference to the
Tribunal. This allows the Tribunal to hear the named person's
objection and decide whether or not the transfer should take place.
We hope that Scottish Ministers amend the regulations to allow a
right of appeal for the named person. The regulations also need to
be amended to ensure that patients transferred into Scotland have
the right of appeal to the Tribunal without delay.
Transfer within Scotland and suspension of detention
What happens if a patient is recalled from suspension of
detention but there is no bed in the hospital in which he/she was
detained? This is a problem where the hospital is named in the
order, e.g. a compulsory treatment order or compulsion order. If
admission to a different hospital is necessary, the responsible
medical officer should first revoke the suspension certificate. If
urgent admission to a different hospital is necessary, this is an
urgent transfer under section
124(5). Hospital managers must notify this transfer to us on
within 7 days. The patient or named person can appeal to the
Tribunal against the transfer and could be returned to the previous
hospital if the Tribunal upholds the appeal.
And also on transfers...
A reminder on what the Act says about non-urgent transfers. The
patient and named person must receive seven days notice of the
proposed transfer, unless the patient agrees to it. If the patient
appeals the transfer to the Tribunal, he/she cannot be transferred
pending the Tribunal's decision unless the Tribunal agrees. The
transfer could still be reversed once the Tribunal makes its