Short-term detention should be the usual
route into hospital under the law, as there are more safeguards for
It can only take place if recommended by a psychiatrist and a
mental health officer. Your named person should also be
The hospital must appoint a psychiatrist as your responsible
medical officer (RMO). Your RMO should examine you, talk to you to
find out your wishes, read your advance statement if you have one,
and decide if you need treatment.
If your doctor feels that treatment is in your best
interests, this can be given without your consent. Your RMO
must follow the safeguards outlined in part 16 of the Mental Health
Act when giving you treatment.
The hospital should give you information about your stay in
hospital and explain your rights. They should help you to get an
You, or your named person, can appeal against your short-term
detention to the Mental Health Tribunal.
The Scottish Government has produced guides on the Mental Health
Act which, although under review, may be helpful to people
receiving care and treatment and their carers.
Click here to
view the Scottish Government's guide to short-term detention