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Mental Health

Most of the time people are well enough to know that they need treatment for poor mental health. Sometimes the result of an illness is that an individual does not think he or she needs care and treatment. Mental health law says that if a person is at risk because of his or her mental illness, and if treatment could help, professionals have a legal duty to provide that care and treatment.


The Mental Health (Care & Treatment) (Scotland) Act 2003 sets out: 

  • when a person can be taken to hospital against his/her will

  • when a person can be given treatment against his/her will

  • what rights a person has when they are receiving care and treatment

  • what safeguards are in place to protect that person's rights

The law is based on a set of principles. These principles should be taken into account by anyone involved in a person's care and treatment. 

Black & Markie are very experienced in helping persons with mental health difficulties. We will do everything possible to assist including visiting patients in hospital or care home, advising them of their rights, working with named persons and advocacy workers, arranging independent medical examinations, attending tribunals, having meetings with consultants, mental health officers, social workers, arranging appeals against compulsory treatment or hospital detention.

We fully recognise that persons with Mental Health Difficulties require independent legal advice and support and we will act quickly and professionally in providing you with that service. Call Black & Markie and we will immediately arrange to see you.  






Legal representation for Mental Health Tribunals is funded by the Scottish Legal AId Board. It is 100% free of charge and is not subject to means testing. 

In most cases, we are able to meet with our clients within 24 hours of being contacted about mental health matters, no matter where they are in Scotland. 

Our solicitors have prepared hundreds of Mental Health Tribunals across Scotland.  Get the right advice, from our experts.

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