A longstanding bugbear for Ormistons and no doubt many mental health professionals has been the lack of powers available to mental health tribunal panels to grant a recorded matter for persons subject to a Compulsion Order. It has been our view that where a person has been acquitted of a crime due to mental disorder grounds and then made subject to a Compulsion Order they should be afforded the same outcomes at tribunals as those subject to civil orders. For that reason, we raised a judicial review on this very point.
Today the Outer house of the Court of Session agreed with us and ruled that the Scottish Government by not having legislated powers to specify recorded matters "amounts to unjustified discrimination contrary to Article 14 of the Convention, and is therefore unlawful"
We are delighted at the outcome and are hopeful that this will lead to an amendment to legislation in early course that will no longer discriminate against our clients.
Ormistons was established in 2003 by Trevor Ormiston as a specialist Mental Health legal practice. Since that time, we have established a vast client base across the length and breadth of Scotland due to our client-focused, personalised service representing and assisting those subject to the Mental Health (Care and Treatment) Scotland Act 2003.
In Ormistons, we recognise the need for a specialist mental health legal service across the length and breadth of the Scottish mainland and Isles. For that reason, the same level of service is provided regardless of geographical location.
Ormistons Mental Health Law Practice
Suite 5, Unit 3 Lomond Business Park
Baltimore Road
Glenrothes
Fife, KY6 2PJ
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