Mental Health Tribunal Solicitor

Being detained under the Mental Health Act 1983 can be an extremely difficult experience for all affected. If you have been detained because of your mental health and disagree with the decision, you may be eligible to make an application to the Mental Health Tribunal to appeal your detention. A Mental Health Tribunal Solicitor can help those who wish to apply, advising you throughout each step of the process.

A Mental Health Tribunal is a hearing in which a person who is detained under the Mental Health Act can appeal their section. These hearings are usually held in the hospital where the patient is sectioned but can also be held remotely, you can decide which you would prefer.

During the hearing a panel consisting of a judge, a tribunal doctor (who is a qualified psychiatrist) and a mental health expert, will listen carefully to evidence from your clinical team and from yourself, if you wish. It is important to note that the tribunal panel are completely independent of the hospital. The panel will look at your diagnosis, symptoms, treatment, risk and your recovery, and subsequently determine what the best course of action to take is. They will assess whether it is appropriate for you to remain sectioned, or whether you should be discharged.

Our team of solicitors can help those who wish to apply to the Tribunal. We can also assist if you have been automatically referred for a tribunal hearing, and we will advise you throughout each step of the process. We understand that these cases are extremely sensitive and complex, and our team are on hand to assist you with care and compassion.

Tribunal hearings usually take place at the hospital, and we will be there to represent you on the day of your hearing. Our advice, assistance, and representation are free of charge under Legal Aid.

Our expert team of Mental Health Lawyers understand that mental health tribunals can be a challenging time for all involved. We always treat every case with sensitivity. We are on hand to support and guide you through the process so that you always know what to expect. For an initial discussion, call us on 0333 240 7373 or contact Reeds Solicitors LLP on info@reeds.co.uk.

 

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FAQ

A Mental Health Tribunal is a hearing at which patients that have been detained under the Mental Health Act 1983 can appeal their section.

Your ability to apply to the Tribunal depends on the section under which you have been detained, as well as the amount of time you have been sectioned for.

You can apply to the Tribunal yourself, or someone else may apply for you. For instance, your solicitor or nearest relative.

We can provide you with further advice as to when your nearest relative is able to apply to the Tribunal.

 

It does not cost anything to apply to the Tribunal. Lega aid is available in all Tribunal cases and will pay for a specialist mental health solicitor to:

  • Advise you on your chances of discharge.
  • Prepare you for the hearing.
  • Take your instructions on the evidence prepared by your clinical team.
  • Answer any legal questions you may have.
  • Represent you at your hearing and present arguments in line with your instructions.

When you are eligible to apply will depend on your section.

If you are detained under a section 2, you can apply within the first 14 days of your section.

Generally, for other sections you can apply during the first 6 months after sectioning. If your section is renewed, then you may apply a further time in the second 6 months, and then once in each 12-month period. Unless you are detained under a section 37, then you cannot apply during the first 6 months of your section.

In section 2 cases, hearings will take place within 7 days of the application. In other cases, hearings generally take place within 6-8 weeks of application. Though this may be sooner in more urgent cases or longer in more complex cases.

If being referred to the tribunal, this will usually take place in the second 6-month period, and after 3 years if you have not applied yourself.

Tribunals can take place as face-to-face meetings or remotely. If held in person, these are normally either:

  • In a room in the hospital in which you are detained.
  • If you are on a CTO, at the hospital in which you are being treated or were detained in prior to your discharge.

Tribunal hearings feel more informal than a court; your solicitor and the Tribunal panel will not be wearing court clothes, such as wigs and gowns.

Your hearing will not be in a court room. Instead, it will be in a room in the hospital in which you are detained, or (if you are on a CTO) at the hospital you are being treated at or were detained in prior to your discharge. All attendees will have the relevant documentation, including reports and papers, in front of them.

If your hearing is held remotely via video conference, all attendees will be sitting in front of their screen with all relevant documents.

 

Other than the Tribunal panel, the people in attendance will be:

  • You, unless you choose not to be there.
  • Your responsible clinician (your psychiatrist).
  • A nurse.
  • Your social worker or care coordinator.
  • Your solicitor, if you have one.

There may be others in attendance, including:

It is possible to represent yourself at a Mental Health Tribunal, provided that 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 to the Tribunal in the most efficient and effective way. This is likely to increase your merits for discharge, if this is what you are seeking.

If you have not instructed a solicitor yourself, the Tribunal can appoint a solicitor for you. You may also be appointed a solicitor if you lack the capacity to appoint one, and in cases where the Tribunal believe it would be in your best interests to be represented by a professional.

Your hospital should advise you about any free advice and representation available in your local area. Hospital staff should also be available to help you apply and get ready for your hearing.

Cases of this nature are also free under legal aid. That means that a solicitor may represent you at your Tribunal and you do not need to pay for it.

Your attendance at the Tribunal is expected, but not essential. If you choose not to attend your hearing,

It is important to remember that during a hearing, it is for the professionals to prove that you should remain detained. It is not for you (nor your solicitor) to prove that you should no longer be sectioned.

There are three people on the panel at a Tribunal hearing. These are a judge, a tribunal doctor, and a mental health expert. Your solicitor, should you instruct one, and any experts or witnesses will also be present during the hearing. This will usually be your psychiatrist, a member of nursing staff and your social worker or care coordinator from the community team. You may also bring a family member with you to a Tribunal hearing.

The staff at the hospital you have been detained at will provide evidence for the Tribunal. Any evidence given may be challenged or questioned by yourself, your solicitor, and the panel. Your solicitor may also ask for an independent psychiatrist’s report to be carried out if this is appropriate and would be helpful to your case.

You are able to ask to be examined by the Tribunal doctor who will assess you and feedback to the other panel members what you discussed.

Any experts or witnesses in attendance will provide their evidence, and you may provide your own evidence before the Tribunal should you wish to. Your solicitor may also ask you some questions to support your discharge. Then the panel may also ask you some questions.

If a relative, family member, or your carer have attended on your behalf, then the panel may ask them questions. This may include questions surrounding their views on you being discharged.

If you have a solicitor, you may ask them to summarise your case to the panel and they will have the opportunity to say why you should be discharged.

Once all the evidence has been presented to the Tribunal, they will assess whether it is appropriate for you to remain sectioned, or whether you may be discharged.

Decisions as to whether you should be discharged or not will usually be made at the hearing.

If it is not possible to discuss matters with you after the hearing, and you do not have a representative or carer present on your behalf, the hospital should make sure that you are informed of the decision as soon as possible. The decision, and reasons as to the decision, will usually also be recorded in writing and posted to you within a few days following the hearing.

If you are discharged, you can leave the hospital immediately. However, you may choose to remain an informal patient while aftercare services are put in place for you.

Sometimes the Tribunal may not discharge you immediately and may set a future date for your discharge, this is called a deferred discharge. This decision may be made to allow for aftercare services to be arranged for you, for instance.

It is always possible that the Tribunal will not agree to discharge you. In such instances, we advise that you seek legal advice. This is why we believe it is important to have legal representation from the beginning.

If there was a problem in the management of your case, the Tribunal can be asked to reconsider the case and their decision. Examples in which this may occur include when you did not receive important evidence relating to your case, or if you were unable to be present for the hearing.

In certain instances, you may ask to appeal to the Upper Tier Tribunal. You can usually only appeal to the Upper Tier Tribunal where there has been a legal problem with your case. When this occurs, your case will be reviewed by a different Judge, who will determine whether there were any legal mistakes. They may also agree for your case to be heard again.

If you are not discharged, the Tribunal may make recommendations about your future care.