Mental Health Law Accreditation

Applicants should demonstrate a high level of knowledge and experience in the area of mental health law.  The application should include evidence the applicant has been engaged in a broad spectrum of work or practice in the mental health law field throughout the five year period under review.  Examples provided in the application should demonstrate that the applicant has a high level understanding and expertise in

1. dealing with all aspects of  the Mental Health (Care and Treatment) (Scotland) Act 2003 for example (but not limited to) provisions regarding:-

• Short Term Detention Certificates
• Compulsory Treatment Orders and
• Compulsion and Restriction Orders
• Extensions and appeals

2. In addition the applicant must show how he or she applies the principles of the Act in their work
3. The applicant also needs to demonstrate an expertise in the procedural rules and regulations that support the Act.
4. In addition to the above the applicant may also describe other areas of law where their knowledge and understanding of mental health legislation or the impact of mental disorder have been important.
5. Human Rights and relevant EU law.

When considering the strength of the application, the panel will consider the:-

• role of the applicant in the work outlined - whether the applicant was the lead or a relatively junior member of a team; and
• the complexity of the work – whether the examples cited involve work that is relatively straightforward, or involved novel or untested points.
• How the applicant has shown their work is patient centred

The panel will award more credit where the applicant has demonstrated a leading role in a range of complex or novel matters, rather than crediting simple volume of work and/or dealing with fairly straightforward matters.

All applicants should demonstrate the breadth of their work in the field in their application.  Examples of contentious and non-contentious work should be provided where available

Applicants who have been engaged in the practice of mental health law for the relevant five year period, whether in private practice or in-house, should be able to demonstrate a high level of working knowledge of the practical application of mental health law through the mental health tribunal system by highlighting complex or novel cases they have been involved with or advised on.

Applicants in practice who focus on more non-contentious aspects of mental health law, and who do not have extensive mental health tribunal experience in the relevant period, should provide the panel with an indication of whether or not they have gained such experience prior to the period under consideration.

Applicants who do not practice in the field should demonstrate a broad and high level of understanding of the practical application of mental health law, for example, through evidence of teaching on the subject and/or writing guidance for practitioners or academic material.

Applicants should highlight any relevant qualifications gained, training received, and courses attended during the five year period. 

Credit will be given where applicants have been engaged in knowledge sharing for the benefit of their peers.  Applicants should provide any available evidence of presenting seminars, teaching, responding to government consultation, and writing materials on mental health law topics.  

The Mental Health Care and Treatment Scotland Act 2003 is still open to interpretation in many areas, case law is still developing.  Lawyers in practice often face scenarios where the interests of the patient need to be put first.  Applicants should demonstrate their expertise by providing examples of matters handled where they have come up with lateral/unusual solutions to problems, perhaps where law is new, untested, or uncertain.

Applicants who are not in practice should provide evidence of how their thinking and/or research contributes to the development of the field.