The New Mental Health Act: A guide to the appeals process - information for service users and their carers

6 When can I appeal to the Sheriff Court or Court of Session?

When the Tribunal provides you with information about its decision after a hearing it will also tell you how and to whom you can appeal that decision if you are unhappy with it. This applies to decisions on compulsion and to decisions on appeals.

This appeal right will be to the sheriff principal or in some circumstances to the Court of Session. You must make the appeal within 21 days of the tribunal's decision.

If an appeal is successful, the court will either substitute its own decision for that of the Tribunal (where it is possible to do so) or send the case back to the Tribunal to consider afresh.

If the sheriff makes an order for your removal to a place of safety you or another person with an interest in your welfare can appeal to the sheriff to end or to vary the order. This must be done within 72 hours of the order being made.