| Issue: |
Whether the failure of the Mental Health (Care and Treatment) (Scotland) Act 2003 to allow a patient in low secure conditions to seek a declaration from the Mental Health Tribunal for Scotland identifying detention on conditions in excessive security and requiring the identification of an alternative placement, which power existed for those in high or medium secure conditions, breached Art 14 ECHR; whether it was within the ambit of Arts 5 and/or 8. |
