Lothian Health Board v BM, Mental Health Tribunal for Scotland: ScSf 27 Apr 2007

The availability of accommodation in a medium secure hospital where the patient could be detained in appropriate conditions, including appropriate facilities for treatment, can never be relevant to the question whether an order should be made under section 264, and can only be raised by way of an application for the recall of the order under section 267.
Sheriff Principal Brian A Lockhart
[2007] ScotSC 15, 2007 SCLR 478
Bailii
Mental Health (Care and Treatment) (Scotland) Act 2003 264(2) 267
Scotland
Cited by:
Too StrongG v Scottish Ministers and Another SC 18-Dec-2013
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2021; Ref: scu.253077