Mental Health Law
Every patient detained under the Mental Health Act is entitled to apply to a Mental Health Tribunal once during each period of detention. The initial period of detention might be for twenty-eight days for assessment or six months for treatment. Subsequently detention can be renewed for period of up to one year.
A more detailed summary of the main points of the law is set out here:
Patients who do not have restrictions on their discharge may also appeal to the Hospital Managers who may discharge the patient. The Responsible Medical Officer (Consultant) may also discharge the patient. The patient’s nearest relative has similar rights to apply for discharge and to appeal.
Some patients have restrictions on their discharge imposed by the Courts (a Hospital Order) or because they are transferred to hospital from prison.
Patients detained under a Hospital Order may still apply to the Mental Health Tribunal. The Tribunal may order the patients absolute or conditional discharge. Conditional discharge means that the patient can be recalled to the hospital by the Home Office. Patients with restrictions imposed on their discharge cannot be discharged by the Responsible Medical Officer.
Prisoners who are transferred to hospital during their prison sentence have similar rights to apply to a Mental Health Tribunal, however in this case the Tribunal only has the power to decide whether or not to recommend a return to prison unless the prisoner is entitled to be considered for parole or licence in which case absolute or conditional discharge or transfer can be recommended.
Mental Health Tribunals - First Tier Health Education & Social Care Tribunal
Patients detained under the Mental Health Act are entitled to apply for a Tribunal to review the necessity of the patient’s detention under the Mental Health Act.
Before the Tribunal it is usual to seek to obtain an independent report to assist the patient. The independent expert will need to interview the patient and examine the medical notes to prepare a report.
The Tribunal has three members. The Tribunal Judge is legally qualified. The Medical member will usually be a Consultant Psychiatrist and the Lay member will be neither a Lawyer nor a Doctor but will have an interest in Mental Health matters.
Tribunal hearings are conducted in an informal manner however they usually hear evidence from each of the witnesses in turn. The Consultant (the Respondent Medical Officer) will normally attend to given evidence and sometimes a Social Worker or Nurse or Psychologist will attend.
The patient may of course give evidence as can, if the patient wishes, members of the patient’s family or close friends. The Tribunal is completely independent of the hospital and has the power amongst other things to discharge the patient from liability to be detained in the hospital. The Tribunal may also make recommendations to the responsible authority relating to the patient’s detention.
We endeavour never to decline any request to provide advice to anyone detained under the Mental Health Act and we will always signpost clients towards available public funding.
Advice can also be provided in respect of related matters such as Welfare Benefits, Community Care, Education, Child Care, the Elderly, Wills, Living Wills, Powers of Attorney, County Court Applications and Criminal matters.
DLC Solicitors Ltd, 38 Railway Road, Darwen, Lancashire, BB3 2RJ
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