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Parliamentary debates and questions

S5W-04353: Miles Briggs (Lothian)

Scottish Conservative and Unionist Party

Date lodged: 1 November 2016

To ask the Scottish Government, further to the answer to question S5W-03411 by Maureen Watt on 26 October 2016, how it ensures that mental health tribunals offer sufficient guarantees to ensure that they are seen to be impartial.

Answered by: Maureen Watt 10 November 2016

I refer to my previous answer to question S5W-03039 on 30 September 2016 and add that as an independent organisation, Mental Health Tribunal Service for Scotland (MHTS) provides assurance to Scottish Ministers on the discharge of its functions.

MHTS was established by the Mental Health (Care and Treatment) (Scotland) Act 2003 to make decisions on the care and treatment of people who are subject to the Act. The rules under which the Tribunal operates are set out in the Mental Health Tribunal for Scotland (Practice and Procedure) Rules 2005. Scottish Ministers receive an annual report on the performance of the Tribunals functions which is also laid before the Scottish Parliament.

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