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Everything You Want to |
- How long will it take before the tribunal takes place?
- How can I find out what is happening and when the tribunal will happen?
- What happens before the tribunal?
- Can I withdraw my application?
- What happens if I am discharged from my section before the tribunal takes place?
- Do I have to pay for any legal representation?
- Who are the tribunal members?
- Apart from the tribunal members, who else will be present at the tribunal?
- Can I take a friend or member of the family to support me?
- How long does the tribunal last?
- Would I be expected to attend the tribunal?
- What happens during the tribunal?
- How will I find out the result of my application?
- What happens if I am discharged from my section?
- What happens if I am not discharged from my section?
- How many times can I apply to the Mental Health Review Tribunal?
How long will it take before the tribunal takes place?
In Section 2 cases the tribunal should take place within 7 days of receipt of the application. In Section 3 cases the tribunal should take place approximately 6-8 weeks after receipt of the application, though the process can sometimes take longer.
How can I find out what is happening and when the tribunal will happen?
If you have a solicitor you should contact them with any questions you have in the first instance. Your application will be processed by the Tribunals Service in London, and they will write to you directly with the date of the tribunal hearing. If you don’t have a solicitor, there is a Mental Health Act Administrator at the hospital who will have responsibility for organising the tribunal. You can ask a member of the nursing staff to contact the Administrator with any questions that you have.
What happens before the tribunal?
In Section 3 cases you will be provided with copies of reports prepared by your RC (consultant psychiatrist), your social worker or CPN, and a member of the nursing staff. You should also be visited regularly by your solicitor and have an opportunity to read the reports and provide comments on the contents. In Section 2 cases, although you will receive reports from the RC and the social worker or CPN, it is unlikely that any reports will be prepared by a member of the nursing staff. You will have an opportunity in Section 2 cases to see the reports on the morning of the hearing, and will discuss these reports with your solicitor at that stage.
Can I withdraw my application?
You can make a request to withdraw your application at any time up until the date of the tribunal itself. It would be very unusual if your request to withdraw your application were refused. If you want to withdraw your application you should discuss this with your solicitor or a member of the nursing staff, who will contact the Mental Health Act Administrator.
What happens if I am discharged from my section before the tribunal takes place?
The arrangements for the tribunal are automatically cancelled, since there is no need for it to take place.
Do I have to pay for any legal representation?
No, you will not. Representation before the Mental Health Review Tribunal is covered by non-means-tested public funding, and all you will need to do is to fill out the relevant application form. This is very straightforward form and your solicitor will help you complete it.
Who are the tribunal members?
The tribunal consists of three members: a legal member who is referred to as a tribunal judge, a medical member who is a consultant psychiatrist, and a lay member. Each of them will be independent of the hospital in which you are detained. They are all experienced in mental health matters. The medical member of the tribunal will wish to see you before the tribunal takes place in order to carry out an assessment of you. This will either be in the days leading up to the tribunal or on the morning of the tribunal itself.
Apart from the tribunal members, who else will be present at the tribunal?
The people that would normally attend would be you, your solicitor, your RC, your social worker/CPN and your key worker/named nurse or another member of the nursing staff.
Can I take a friend or member of the family to support me?
Probably. Tribunals are held in private but the tribunal has a discretion to allow other people to sit in. Tribunals are usually keen to have family members attend. If anyone does attend then they may well be asked for their opinion as to whether you ought to be discharged or not.
How long does the tribunal last?
It varies, but usually about 1.5-2 hours.
Would I be expected to attend the tribunal?
You do not need to, although it will probably improve your chances if you do attend, as it will give the tribunal members a chance to hear what you have to say. Some patients decide to attend for only part of the tribunal, and this is normally perfectly acceptable. A decision as to whether or not to attend the tribunal can be made on the day of the tribunal itself, and if you are in any doubt it may be best to leave it until then.
What happens during the tribunal?
Tribunals generally try to give the patient as sympathetic a hearing as possible. They will take evidence from the RC, the social worker/CPN and a member of the nursing staff. You will normally be asked to say whatever you want to say at the end of the hearing. It is important to remember, however, that procedures are not set in stone, and the running order can be varied if it is felt to be appropriate. Your solicitor’s role will be to question the witnesses on your behalf, to help you give your evidence to the tribunal by asking you questions, and then to summarise the case on your behalf at the conclusion of the hearing.
How will I find out the result of my application?
At the end of the tribunal, everyone leaves the room, apart from the tribunal members, who then consider the evidence in private and reach a decision. This process normally takes about 10-15 minutes. All parties will then normally be called back into the room, and the decision will be announced. The Tribunal Judge is under a duty to provide written reasons for the decision that is reached, and the written reasons should be provided within 7 days of the hearing.
What happens if I am discharged from my section?
You will no longer be subject to the provisions of the Mental Health Act, and you can either leave hospital or agree to stay in hospital on a voluntary basis.
What happens if I am not discharged from my section?
You will remain detained or liable to detention under the Mental Health Act, and your status will therefore remain the same as it was before the tribunal took place. Any decision about discharging you from your section will be taken by your RC.
How many times can I apply to the Mental Health Review Tribunal?
In Section 2 cases you are detained for a period of 28 days, and you are entitled to make one application during this period. In Section 3 cases you are detained for a period of up to 6 months, and can make one application during this period. Detention under Section 3 can be renewed, firstly for a period of an additional six months, and then for a period of an additional 12 months. You are entitled to make a further application to the Mental Health Review Tribunal in each period upon renewal of your section.