Mental Health Tribunals
The following information is also available as a leaflet that can be downloaded.
Click to download our Mental Health Tribunals PDF
What is a Tribunal?
A Tribunal is an independent judicial body to review the need for the continued detention of people in hospital. Unless you are a restricted patient, the Tribunal will consist of a lawyer acting as Chair, a Psychiatrist and a lay person. If you are a restricted patient instead of a lawyer acting as Chair, there will be a Circuit Judge or Queen’s Counsel acting as a Recorder.
What can a Tribunal do?
A Tribunal reviews the need for continued detention in hospital or whether you should be discharged. Although if you are subject to a restriction order, the Tribunal cannot discharge you, they can only notify the Secretary of State that, if you had not been a restricted patient (i.e. a transferred prisoner), you would have been discharged. In which case, you may be liable to return to prison. The Tribunal cannot change your treatment but can they can make recommendations if it is deemed necessary for your detention to continue, such as a transfer to another hospital, a Community Treatment Order or a Guardianship Order.
When is a Tribunal held?
A Tribunal is held automatically in some circumstances, for example if the person has been detained under Section 3 and they have not had their detention reviewed by Tribunal within the last 6 months.
Otherwise a Tribunal will be held on the application of person being detained.
When can you apply for a Tribunal to be held?
Section 2 detainee - within the first 14 days of your detention.
Section 3 detainee – any time during detention but only one application can be made within any 6 month period.
Section 37 detainee – between six and twelve months from the date of the Section 37 Order and thereafter anytime within each twelve month period. Note that only one application for a Tribunal can be made within each period of detention.
How do I apply for a Tribunal to be held?
This is done by completion of an application form which is then submitted to the Mental Health Tribunal Service. This form can be completed and submitted by you or us as your legal representatives. In certain circumstances your Nearest Relative can apply.
What happens once I have applied for a Tribunal?
The Tribunal office with confirm receipt of the application. They will then request reports from your Responsible Clinician, Approved Mental Health professional and your medical care team to be supplied by your hospital. You will be given a copy of these reports before the Tribunal so that you can check the same. Shortly before the date set for the Tribunal you will meet with the medical member of the Tribunal.
How quickly with the Tribunal be held?
Section 2 detainee - within 7 days of receipt of your application.
Section 3 detainee - normally within 8 weeks,
Section 37 detainee – normally within 16 weeks.
Where will the Tribunal be held?
In the hospital in which you are detained or where your Responsible Clinician is based if you are conditionally discharged.
What happens at the hearing?
The hearing is usually attended by you and your legal representative (although you may be represented by anyone except a fellow patient from the hospital). The hearing is held in private and the reports, copies of which you and your legal representatives will already have received, will be discussed.
When will I know the Tribunal’s decision?
You will receive a written decision:
For section 2 detainees – within 3 days
For all other section detainees – within 7 days
Can I appeal the Tribunal’s decision?
In certain circumstances you may appeal the decision; any such right would be explained to you in writing when you receive the written decision of the Tribunal.
Legal Aid
Public Funding or Legal Aid is available for many types of legal work. Whether you are entitled to help with some or all of your legal costs usually depends on how much income and any savings you have.
Areas covered
Although we are based in Buckinghamshire, we can also help clients and their families based in Bedfordshire, Berkshire, Cambridgeshire, Hertfordshire, Oxfordshire, Northamptonshire and London.
