Hospital Managers’ Hearing Solicitor

Hearings can be an incredibly challenging and emotional process. Our expert team of Hospital Managers’ Hearing Solicitors can help.

A Hospital Managers’ Hearing is a panel of three professionals nominated by the Hospital Managers who review the need for a patient’s continued detention under the Mental Health Act. This panel have the power to discharge a patient from section.

You can ask for a Hospital Managers’ Hearing at any time, even if you have already applied to the Mental Health Tribunal within your current eligibility period. The hospital should consider your request and will usually agree unless you have had a hearing very recently.

If your Section has been renewed, your case must be referred to the Hospital Mangers for a review. If you agree with the renewal of your section, this can be conducted by a “paper review” by the panel alone. If you do not agree with your section being renewed, you can ask for a full hearing. The hearing will usually involve your Responsible Clinician, a member from the nursing team, and either an inpatient or outpatient social worker.

The role of Hospital Mangers is to consider all evidence presented to them, and then reach a decision as to whether you may be discharged or whether you are to remain sectioned. You are allowed to be represented at these hearings.

If you wish to request a review of your section, we highly recommend that you reach out to a specialist Mental Health Solicitor. They will be able to guide you through the process and support you with your case.

 

Our expert team of Mental Health Lawyers understand that hearings can be an incredibly challenging and emotional process. Our specialist team are on hand to support and guide you through the process, and we always treat every case with sensitivity. You can call us on 0333 240 7373 or contact Reeds Solicitors LLP on info@reeds.co.uk.

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How we can help

Because Hospital Managers’ Hearings can discharge you from your section, they are an important safeguard for people detained under the Mental Health Act. We highly recommend that you seek legal advice and representation from an accredited Mental Health Solicitor who can put forward your case in the most effective way.

At Reeds, we have trained professionals all around the country who can support you with these hearings.

Our lawyers will obtain your views on your section, take your instructions on factual matters before the hearing, cross-examine professionals to challenge the evidence against you, and put forward your case to the panel in the most effective way.

Challenging your detention alone is a very difficult and frustrating task. At Reeds, we’re here to help.

Cases of this nature are usually free under the Legal Help scheme, subject to a means assessment. This means that you do not need to pay for our professional advice and assistance.

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FAQ

The panel in Hospital Managers’ Hearings have powers delegated to them by the Hospital Managers. They are not lawyers, nor are they medically qualified. Rather, they are volunteers who have been authorised by the hospital to discharge patients. They are fully independent of the hospital.

Your presence at the hearing is not essential but is recommended. Your solicitor can attend on your behalf, and you may also be supported by a relative or friend.

There are three or more members on the Hospital Managers’ panel. Their role is to consider all evidence presented to them, and then reach a decision as to whether you may be discharged or whether you are to remain sectioned.

Since none of the Hospital Managers are medical professionals, there will be no medical examination prior to the hearing. However, similarly to Tribunal hearings, any other professionals involved in your care will be required to write reports with a view upon whether your section is necessary. These reports will be provided to you before your hearing, and your solicitor can go through these with you.

During the hearing, these reports will be presented to the Hospital Managers for their consideration. Your solicitor will challenge the reports, should they state that you are to remain detained. You will also have the opportunity to speak should you wish.

Three or more members, who make up a majority, of the Hospital Managers’ panel must agree on the decision to either discharge you from or continue your section.

It is possible to represent and attend a Hospital Managers’ Hearing yourself if you have the capacity to do so and your doctor agrees. However, we always recommend that you instruct an accredited mental health solicitor who understands the complexities you are facing so that your case may be presented during the hearing in the most efficient and effective way.

This is particularly true given that Hospital Managers do not typically have any medical expertise. Usually, Hospital Managers are volunteers and are not necessarily in a position to form medical judgments. This means that some panels will simply accept the clinicians’ evidence and will not challenge this during the hearing. We therefore strongly advise that you have a solicitor present who can submit these challenges and present the panel with a different view.

The likelihood of discharge is assessed on a case-by-case basis. The Mental Health Act does not specify any discharge criteria for the Hospital Managers to follow. However, the Code of Practice outlines that the following questions should be considered when reviewing detention;

For patients detained under Sections 2 and 4:

  • Is the patient still suffering from a mental disorder?
  • If the answer to the above is yes, is the disorder of a nature that warrants the patients’ continued detention in hospital?
  • Is continued detention in the best interests of the patient?

For patients detained under other sections:

  • Is the patient still suffering from a mental disorder?
  • If the answer to the above is yes, is the disorder of a nature that warrants the patients’ continued detention in hospital?
  • Is continued detention in the best interests of the patient?
  • Is medical treatment available for the patient?

Hospital Managers will also be required to consider whether the Mental Capacity Act 2005 could be used to treat the patient safely and effectively.

For patients on a Community Treatment Order:

  • Is the patient still suffering from a mental disorder?
  • If the answer to the above is yes, is the disorder of a nature that warrants the patient receiving medical treatment?
  • Is said treatment in the best interests of the patient?
  • Is it necessary for the patient’s clinician to be able to recall the patient to hospital, if needed?
  • Is medical treatment available for the patient?

If Hospital Managers answer ‘no’ to any of the questions, they should discharge the patient. However, the Hospital Managers have complete discretion and in exceptional circumstances, can choose to discharge you even if the criteria are met.

Cases of this nature usually do not cost anything since legal aid is available. This will pay for a specialist mental health solicitor to:

  • Advise you on your chances of discharge.
  • Prepare you for the hearing.
  • Answer any legal questions you may have.
  • Represent you at your hearing.

You can apply to the Hospital Managers if you are under one of the following:

  • Section 2.
  • Section 3.
  • Section 4
  • CTO.
  • Section 37 hospital order.

You do not have to be sectioned for any certain period of time in order to apply. Additionally, there is no limit on the number of times you may apply during your period of detention.

However, applying for a hearing does not necessarily mean that one will be held. If you are considering applying, we strongly suggest that you seek professional advice from a specialist solicitor who can make this request on your behalf.

Our expert team of Mental Health Lawyers understand that hearings can be an incredibly challenging and emotional process. Our specialist team are on hand to support and guide you through the process, and we always treat every case with sensitivity. You can call us on 0333 240 7373 or contact Reeds Solicitors LLP on info@reeds.co.uk.